AUSTRALIAN CAPITAL TERRITORY
Law Reform (Miscellaneous Provisions) Act
1999
No. 66 of 1999
An Act to amend various Acts and repeal certain Acts for the
purpose of law reform, and for other purposes
[Notified in ACT Gazette No 45: 10 November 1999]
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1
Name of Act
This Act is the Law Reform (Miscellaneous Provisions) Act 1999.
2
Commencement
This Act commences on the day it is notified in the Gazette.
3
Purpose
The purpose of this Act is to improve the quality of the statute book
of the Territory by amending and repealing Acts for the purpose of statute
law reform.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
4
Certain NSW Acts repealed—Schedule 1
(1)
The purpose of this section is to remove any doubt about the
continued application in the Territory of the New South Wales Acts
mentioned in Schedule 1 because of their possible revival on the
disallowance by the Senate of the New South Wales Acts Application
Ordinance 1985.
(2)
If a New South Wales Act mentioned in Schedule 1 was in force in
the Territory immediately before the commencement of this Act, the Act is
repealed.
5
Other Acts repealed—Schedule 2
(1)
The Acts mentioned in Schedule 2 are repealed.
(2)
The Crimes Legislation (Status and Citation) Act 1992 is declared to
be an Act to which section 42 of the Interpretation Act 1967 applies.
6
Acts amended—Schedule 3
This Act amends the Acts mentioned in Schedule 3.
7
Regulations amended—Schedule 4
This Act amends the regulations mentioned in Schedule 4.
2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1
(See s 4)
NSW ACTS TAKEN TO HAVE BEEN REPEALED
Year and number
Title or citation
1830
10 Geo. IV No 9
An Act declaring that a certain Act of Parliament passed in the
tenth year of the reign of His Majesty King George the Fourth
intituled “An Act for the relief of His Majesty’s Roman
Catholic Subjects” extends to and is in force in the Colony of
New South Wales
1832
2 Wm. IV No 6
An Act for authorizing all Fines Penalties and Forfeitures to be
levied and paid in Sterling Money of the Realm
2 Wm. IV No 12
An Act for repealing so much of an Act intituled “An Act to
continue until further provision shall be made certain Duties
Tolls Rates Fees and other Sums of Money imposed by the
Governors of New South Wales and for other purposes” as
relates to the levying Tolls in New South Wales and for
raising a Fund towards making repairing and upholding Public
Roads Bridges and Ferries and for regulating the collection of
Tolls thereon
1833
4 Wm. IV No 11
An Act for making altering and improving the Roads throughout
the Colony of New South Wales and for opening and
improving the Streets in the Towns thereof
1834
5 Wm. IV No 8
An Act for adopting and applying certain Acts of Parliament
passed in the Eleventh Year of the Reign of His late Majesty
and First Year of the Reign of His present Majesty and in the
First and Second Years of the Reign of His present Majesty
respectively in the Administration of Justice in New South
Wales in like manner as other Laws of England are applied
therein
3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
1836
7 Wm. IV No 8
An Act for adopting certain Acts of Parliament passed in the
Third and Fourth Years of the Reign of His present Majesty
King William the Fourth in the Administration of Justice in
New South Wales in like manner as other Laws of England
are applied therein
1838
2 Vic. No 7
An Act to regulate the temporal affairs of the Religious
Societies denominated Wesleyan Methodists Independents
and Baptists
2 Vic. No 10
An Act for adopting certain Acts of Parliament passed in the
First Year of the Reign of Her Majesty Queen Victoria in the
Administration of Justice in New South Wales in like
manner as other Laws of England are applied therein
1839
3 Vic. No 1
An Act to remove doubts concerning the Validity of certain
Grants of Land in New South Wales
3 Vic. No 20
An Act to enable the Churchwardens of the Parish Church of
Saint James in the Town of Sydney to build a new Side-wall
thereto at a less distance from the southern boundary-line of
King-street than is allowed by Law
1840
4 Vic. No 3
An Act to enable the Members of a certain Society in the
Colony of New South Wales denominated “The Hawkesbury
Benevolent Society” to sue and be sued in the name of their
Treasurer for the time being and for other purposes therein
contained
4 Vic. No 21
An Act to enable the Trustees of the intended New Roman
Catholic Church of St. Patrick in the Town of Sydney to
build at a less distance from the outer edge of the Footway of
Charlotte-place than is allowed by law
4
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
1841
5 Vic. No 13
An Act for vesting in certain Trustees the Estate in fee simple of
a certain piece of Land in Macquarie-street Sydney upon the
Trusts set forth in the Model Deed of the Society
denominated Wesleyan Methodists
5 Vic. No 14
An Act for rendering a Notarial Copy of an Exemplification of
the Charter of “The Bank of Australasia” Evidence in all
Courts of Law Equity Admiralty and Vice Admiralty and in
all Courts of Inferior Jurisdiction in the Colony of New
South Wales
1843
6 Vic. No 18
An Act to remove doubts in respect to the exercise of certain
powers by the Councils of the City of Sydney and Town of
Melbourne and to declare the competency of Witnesses and
the jurisdiction of Magistrates in certain cases within the
same
7 Vic. No 13
An Act for regulating the Appointment and Duties of Sheriff in
New South Wales
1844
8 Vic. No 17
An Act to regulate the Rate of Interest on Money
1847
11 Vic. No 19
An Act for facilitating the winding up of Joint Stock Companies
unable to meet their pecuniary engagements
11 Vic. No 25
An Act further to amend the Laws relating to the Savings’
Banks of New South Wales and Port Phillip respectively and
to empower the Trustees of the Savings’ Bank of New South
Wales to erect premises wherein to carry on the business of
that Institution
1848
11 Vic. No 49
An Act to provide for the improvement of certain Roads in the
neighbourhood of the City of Sydney
5
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 1—continued
Year and number
12 Vic. No 1
Title or citation
An Act to simplify and alter the Law in some respects
1849
13 Vic. No 16
An Act to amend the Law of Evidence and to facilitate the
admission as Evidence of certain Official and other
Documents and to give Protection to Persons employed in
the Printing and Publication of Papers by the order or
authority of the Legislative Council or a Committee thereof
13 Vic. No 18
An Act to abolish Deodands
13 Vic. No 45
An Act to abolish the office of Registrar General and to make
further provision for the Registration of Deeds and other
Instruments
1850
14 Vic. No 5
An Act to authorize the leasing of Tolls and Dues demandable at
Turnpike Gates and Ferries and on Parish Roads for
extended terms
1850
14 Vic. No 7
An Act for the better apprehension of Offenders who shall have
escaped to parts within the Territory of New South Wales
from any other of the Australian Colonies
1851
15 Vic. No 6
An Act to authorize the enclosure of the Public Road running
through Hyde Park in the City of Sydney known as a
continuation of Macquarie-street and for other purposes
relating thereto
15 Vic. No 7
An Act to prevent the denudation of the Sand Hills in the
neighbourhood of Sydney
15 Vic. No 16
An Act to repeal so much of the Local Ordinances second
William the Fourth number twelve sixth Victoria number
fifteen seventh Victoria number nineteen eighth Victoria
number four and eleventh Victoria number twenty as
assumes to vest the appropriation of the Ordinary Revenue
elsewhere than in the Legislative Council
6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
1852
16 Vic. No 14
An Act to amend the Law of Evidence
16 Vic. No 30
An Act to authorize the enclosure of the Sand Hills near the City
of Sydney and in the City of Newcastle and to protect the
same from Trespass
1853
17 Vic. No 16
The Maitland Road Trust Act 1853
17 Vic. No 17
An Act for the appropriation of Unclaimed Balances in Intestate
and Insolvent Estates and for other purposes therein
mentioned
17 Vic. No 19
An Act for fixing the Landing Places for Baggage
1854
18 Vic. No 2
An Act to enable the Trustees of “Christ Church” Sydney to
surrender to the Crown for public purposes a portion of the
land granted for a Parsonage in connection with the said
Church and to accept other land in exchange for the same
18 Vic. No 15
An Act to amend the Law with reference to the Collection of
Toll or Ferry Dues on Parish Roads
18 Vic. No 22
The Maitland Road Trust Amendment Act of 1854
18 Vic. No 27
An Act for protecting inclosed Lands from Intrusion and
Trespass
1855
19 Vic. No 3
An Act to regulate the Currency in New South Wales
1857
20 Vic. No 10
An Act to repeal so much of the Constitution Act as requires the
concurrence of unusual majorities of Members in the
Legislative Council and Legislative Assembly respectively
in the passing of Bills to alter the Constitution conferred by
the said Act or the number and apportionment of
Representatives in the said Legislative Assembly
7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
20 Vic. No 11
Title or citation
An Act to provide for the Deposit in the Colonial Treasury of
Moneys in charge of Officers of the Supreme Court
1857
20 Vic. No 27
An Act for transferring to the Registrar General the duties of the
Chief Clerk of the Supreme Court as Registrar of Deeds and
other Instruments
20 Vic. No 35
An Act to provide for the disposal of the Parramatta Domain
20 Vic. No 38
Tolls Amendment Act 1857
20 Vic. No 41
An Act to establish and regulate Electric Telegraphs
1858
21 Vic. No 8
The Main Roads Management Act
22 Vic. No 1
The Titles to Land Act of 1858
1860
23 Vic. No 8
An Act to protect from pollution the Fresh Water collected for
the supply of the Inhabitants of the Town and Suburbs of
Parramatta
1861
24 Vic. No 12
Tolls Amendment Act 1861
25 Vic. No 7
Public Bridges Tolls Act of 1861
25 Vic. No 8
An Act to amend the Laws relating to Insolvency
1862
25 Vic. No 20
New South Wales and Queensland Customs Act of 1862
26 Vic. No 1
An Act to make provision for encouraging the growth of Cotton
in New South Wales
26 Vic. No 8
The Queensland Debt Act of 1862
26 Vic. No 18
Bonded Distilleries and Sugar Houses Act of 1862
8
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
1863
27 Vic. No 3
An Act to amend the “Scab Act of 1861”
1866
30 Vic. No 3
Sydney Burial Grounds Act 1866
1867
31 Vic. No 2
Camperdown and Randwick Cemeteries Act of 1867
31 Vic. No 4
Postage Act 1867
31 Vic. No 5
Volunteer Force Regulation Act of 1867
1867
31 Vic. No 7
Federal Council Act of 1867
1869
32 Vic. No 4
An Act to authorize the appropriation of the Old Burial Ground
or Cathedral Close in Sydney to certain municipal and other
public purposes
1870
34 Vic. No 6
An Act to amend an Act intituled “An Act to authorize the
appropriation of the Old Burial Ground or Cathedral Close
in Sydney to certain Municipal and other Public Purposes”
1871
34 Vic. No 19
35 Vic. No 2
Military and Naval Forces Regulation Act
Main Roads Management Act Amendment Act of 1871
1873
36 Vic. No 13
An Act to authorize the sale of the Site of the Mudgee Hospital
and to provide for the acquisition of a new Site for the said
Hospital and for the erection of suitable buildings thereon
36 Vic. No 18
Angora Goats Protection Act of 1873
9
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 1—continued
Year and number
Title or citation
36 Vic. No 21
Funded Stock Act of 1873
36 Vic. No 29
Superannuation Act Repeal Act of 1873
37 Vic. No 1
An Act to abolish the imposition of Postage Rates on
Newspapers
1875
39 Vic. No 3
East Maitland Public Reserve Act
1876
39 Vic. No 37
The Border Duties Convention Act of 1876
1878
41 Vic. No 14
An Act to provide for the alteration of a certain street known as
Gloucester-street in the City of Sydney
41 Vic. No 15
An Act to repeal so much of the “Volunteer Force Regulation
Act of 1867” as relates to Free Grants of Crown Lands to
Volunteers
41 Vic. No 23
An Act to regulate the export of Arms and Warlike Stores
1879
42 Vic. No 19
The Customs Regulation Act 1879
42 Vic. No 20
Copyright Act 1879
42 Vic. No 25
City of Sydney Improvement Act
43 Vic. No 1
An Act to apply a certain Sum out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1879
43 Vic. No 7
An Act to enable the Municipal Council of the City of Sydney to
borrow a sum not exceeding Seventy-five Thousand Pounds
by the issue of Guaranteed Debentures
43 Vic. No 11
Public Works Loan Act of 1879
1880
43 Vic. No 32
Metropolitan Water and Sewerage Act of 1880
10
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
44 Vic. No 5
Title or citation
Town Hall Municipal Loan Act 1880
44 Vic. No 10
Municipal Cattle Sale Yards Site Acquisition Act
44 Vic. No 12
Public Works Loan Act of 1880
1881
44 Vic. No 28
Public Works Loan Act of 1881
45 Vic. No 12
Trade Union Act 1881
45 Vic. No 18
Cattle Sale-yards Additional Loan Act 1881
1881
45 Vic. No 22
Public Works Loan Act of 1881 No 2
1882
46 Vic. No 6
Employers’ Liability Act 1882
1883
46 Vic. No 17
Criminal Law Amendment Act of 1883
46 Vic. No 23
Public Works Loan Act of 1883
1884
48 Vic. No 1
Sydney Streets Municipal Loan Act 1884
48 Vic. No 24
Civil Service Act 1884
48 Vic. No 26
Public Works Loan Act of 1884
1886
50 Vic. No 13
Sydney Town Hall and Streets Municipal Loan Act 1886
50 Vic. No 21
Crown Lands Titles and Reservations Validation Act of 1886
50 Vic. No 22
Newcastle Sand-drift Reclamation Act
50 Vic. No 28
Public Works Loan Act of 1886
11
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
1887
50 Vic. No 34
Conditional Purchases and Leases Validation Act of 1887
50 Vic. No 38
Beer Duty Act of 1887
50 Vic. No 39
Crown Lands [Auction Sales Balances] Act of 1887
51 Vic. No 2
Bills of Exchange Act, 1887
51 Vic. No 6
Colonial Spirits Duty Act of 1887
51 Vic. No 7
Tobacco Increase Duty Act of 1887
1887
51 Vic. No 9
Centenary Celebration Act
51 Vic. No 11
Crown Lands Act Amendment Act of 1887
51 Vic. No 18
Country Towns Water and Sewerage Act Extension Act of 1887
51 Vic. No 21
Royalty on Oysters Abolition Act of 1887
51 Vic. No 22
The Australasian Naval Force Act 1887
1888
51 Vic. No 28
Metropolitan Water and Sewerage Act Amendment Act of 1888
51 Vic. No 29
Conversion into Mining Conditional Purchases Validation Act
of 1888
52 Vic. No 4
Chinese Restriction and Regulation Act of 1888
52 Vic. No 7
Crown Lands Act Further Amendment Act
52 Vic. No 17
Public Works Loan Act of 1888
1889
52 Vic. No 19
Newcastle Harbour Improvements Act of 1889
52 Vic. No 20
Circular Quay Improvements Act of 1889
52 Vic. No 22
North Shore Drainage Works Act of 1889
53 Vic. No 3
Mount Kiera Tramway Acquisition Act
53 Vic. No 7
Manly Drainage Works Act of 1889
12
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SCHEDULE 1—continued
Year and number
53 Vic. No 9
Title or citation
Treasury Bills Deficiency Act of 1889
53 Vic. No 13
General Post Office (Approaches Improvement) Act 1889
53 Vic. No 14
An Act to declare valid an amended alignment of Essex-street in
the City of Sydney
53 Vic. No 15
Western Suburbs of Sydney Drainage Act of 1889
53 Vic. No 16
Metropolitan Water and Sewerage Act Amendment Act of 1889
53 Vic. No 21
Crown Lands Act of 1889
1889
53 Vic. No 23
Loan Act of 1889
53 Vic. No 24
Railway Loan Redemption Act of 1889
1890
54 Vic. No 7
Wentworth Irrigation Act
54 Vic. No 9
Entrance to Richmond River Improvements Act of 1890
54 Vic. No 11
Crown Rents Act of 1890
54 Vic. No 13
Entrance to Clarence River Improvements Act of 1890
54 Vic. No 16
Mount Kiera Tramway Acquisition Act Amendment Act, 1890
54 Vic. No 17
Western Suburbs (City of Sydney) Sewerage
Reticulation and Completion Act of 1890
54 Vic. No 24
Circular Quay Land Act, 1890
54 Vic. No 30
Moore-street Improvement Act of 1890
54 Vic. No 33
Loan Act of 1890
Scheme
1891
55 Vic. No 1
Crown Lands Act Amendment Act of 1891
55 Vic. No 7
Treasury Bills Act of 1891
1892
55 Vic. No 9
Joint Stock Companies Arrangement Act, 1891
13
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 1—continued
Year and number
Title or citation
55 Vic. No 11
General Post Office (Approaches
Amendment Act, 1892
Improvement)
55 Vic. No 13
Moore-street Improvement Act Amendment Act of 1892
55 Vic. No 26
Judicial Offices Act of 1892
55 Vic. No 27
Hunter District Water Supply and Sewerage Act of 1892
55 Vic. No 35
Loan Act of 1892
Act
1892
56 Vic. No 1
Funded Stock Act of 1892
1893
56 Vic. No 10
Trades Hall and Literary Institute Act of 1893
56 Vic. No 17
Current Account Depositors’ Act of 1893
56 Vic. No 24
Loan Act of 1893
56 Vic. No 31
Postage Acts Amendment Act, 1893
1893
56 Vic. No 33
An Act to revest certain land in the Australian Agricultural
Company
56 Vic. No 35
An Act to vest certain land at Newcastle in trustees on trust for
the erection of a hall for the use of Friendly Societies and also
to vest certain other land at Newcastle in trustees on trust for
the erection of a Trades Hall
57 Vic. No 1
City of Sydney Municipal Loan Act of 1893
1894
57 Vic. No 12
Metropolitan Water and Sewerage Act Extension Act of 1894
57 Vic. No 14
An Act to amend the Junee Water Supply Works Act of 1893
57 Vic. No 16
Lithgow Water Supply Works Act of 1894
57 Vic. No 17
Loan Act of 1894
57 Vic. No 19
Country Towns and Hunter District Water Supply and Sewerage
Acts Amendment Act of 1894
14
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SCHEDULE 1—continued
Year and number
Title or citation
57 Vic. No 27
An Act to declare the meaning of the words “the publication of
the Report of the said Board” as used in the forty-third section
of the Crown Lands Act of 1889
57 Vic. No 28
Tamworth Water Supply Works Act, 1894
57 Vic. No 29
Armidale Water Supply Works Act, 1894
1894
57 Vic. No 33
58 Vic. No 7
Johnstone’s Bay Storm-water Sewers Act, 1894
Kenmore Hospital for the Insane Act, 1894
58 Vic. No 12
Centennial Park Reservoir Construction Act, 1894
58 Vic. No 14
Loan Act of 1894 (No 2)
1895
58 Vic. No 15
Armidale Water Supply Works Act Amendment Act, 1895
58 Vic. No 16
Reserves Declaratory Act, 1895
58 Vic. No 18
Crown Lands Act of 1895
59 Vic. No 2
Cottage Creek Sewerage Works Act, 1895
59 Vic. No 4
Parkes to Condobolin Railway Act, 1895
59 Vic. No 5
Repayment of Loans Act of 1895
59 Vic. No 6
Loan Act of 1895
59 Vic. No 8
Newcastle Harbour Improvements Act, 1895
59 Vic. No 9
Hunter District Water Supply (Partial Duplication) Act, 1895
59 Vic. No 15
Land and Income Tax Assessment Act of 1895
59 Vic. No 16
Land Tax Act of 1895
59 Vic. No 17
Income Tax Act of 1895
59 Vic. No 18
Customs Duties Act of 1895
59 Vic. No 20
Municipal Loans Validation Act, 1895
59 Vic. No 21
Locksley Deviation Act, 1895
59 Vic. No 22
Treasury Bills Deficiency Act of 1895
15
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 1—continued
Year and number
59 Vic. No 24
Title or citation
Australasian Federation Enabling Act, 1895
1896
59 Vic. No 26
Crown Lands (Homestead Selections and Settlement Leases) Act,
1896
60 Vic. No 2
Conditional Purchasers’ Relief Act
60 Vic. No 3
An Act to make provision for the widow and children of the late
Sir Henry Parkes by grants out of the Consolidated Revenue
Fund
60 Vic. No 5
Church of England Property Act of 1889 Further Amendment Act
of 1896
60 Vic. No 8
Nevertire to Warren Railway Act, 1896
60 Vic. No 10
George-street and Harris-street Electric Tramway Act, 1896
60 Vic. No 11
Additions to Treasury Building Act, 1896
60 Vic. No 13
Newcastle Friendly Societies and Trades Hall Act Amendment
Act, 1896
60 Vic. No 23
Municipal Council of Sydney Electric Lighting Act
60 Vic. No 26
Berrigan to Finley Railway Act, 1896
60 Vic. No 28
Tamworth Water Supply Works Act, 1896
60 Vic. No 31
Tamworth to Manilla Railway Act, 1896
60 Vic. No 32
Loan Act of 1896
60 Vic. No 34
City of Sydney Municipal Loan Act of 1896
60 Vic. No 35
Land and Income Tax (Amendment) Act, 1896
60 Vic. No 37
Factories and Shops Act of 1896
1897
No 1
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1897-8; a Service of the current year; and for Services to be
hereafter provided for by Loan
No 2
Cook’s River Improvements Act, 1897
16
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 1—continued
Year and number
Title or citation
1897
No 3
Public Instruction (Newcastle Technical College) Act, 1897
No 8
Public Trusts Act, 1897
No 9
Field of Mars Resumption Repeal Act, 1897
No 12
Moree to Inverell Railway Act, 1897
No 13
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1897-8; and for a Service to be hereafter provided for by Loan
No 14
Hunter District Water and Sewerage Act Amendment Act, 1897
No 15
Australasian Federation (Representatives’ Allowance) Act, 1897
No 18
Municipal Loans Further Validation Act of 1897
No 19
Pyrmont Bridge Act, 1897
No 20
Church and School Lands Act, 1897
No 21
Land and Income Tax (Amendment) Act, 1897
No 25
Quarantine Act, 1897
No 27
Distillation Act, 1897
No 30
Claims against the Government and Crown Suits Act, 1897
No 32
Abattoir Road Act Amendment Act, 1897
No 33
Cambelltown Reservoir Acts Repeal Act of 1897
No 34
Australasian Federation Enabling Act Amendment Act of 1897
No 35
International Patents and Trade-marks Arrangements Act, 1897
No 36
Sydney Water Supply Conduit Additional Works Act, 1897
No 37
Joint Stock Companies Arrangement (Continuation) Act, 1897
No 39
North Sydney Loan Enabling Act of 1897
No 40
Primitive Methodist Church Property Act of 1897
No 41
Artesian Wells Act, 1897
17
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 1—continued
Year and number
Title or citation
1897
No 42
Appropriation Act of 1897-8
No 43
Loan Act of 1897
No 44
Stockton Graving-dock (Leasing) Act, 1897
No 45
Glebe Island Bridge Act, 1897
No 46
Consolidated Revenue Fund (Municipal Grant) Act of 1897
No 47
Real Property (Crown Lands) Act, 1897
1898 No 1
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1898-9; Services of the current year; and for Services to be
hereafter provided for by Loan
No 3
Immigration Restriction Act, 1898
No 9
Banks and Bank Holiday Act, 1898
No 15
Commons Regulation Act, 1898
No 16
Public Hospitals Act, 1898
No 21
Naturalization and Denization Act of New South Wales, 1898
No 25
Bankruptcy Act, 1898
No 26
Medical Practitioners’ Act, 1898
No 28
Statute Law Revision Act, 1898
No 29
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1898-9
No 31
Broken Hill Trades Hall Site Act of 1898
No 32
Customs Duties Act, 1898
No 33
Metropolitan Water (Camden) Act, 1898
No 34
Port Kembla Harbour Act, 1898
No 35
Appropriation Act of 1898-9
1898
18
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SCHEDULE 1—continued
Year and number
Title or citation
No 36
Loan Act of 1898
No 37
Land and Income Tax (Declaratory) Act, 1898
No 38
Crown Lands Act, 1898
No 39
Strathfield Railway Crossing Act, 1898
No 40
The Rock to Green’s Gunyah Railway Act, 1898
No 41
Koorawatha to Grenfell Railway Act, 1898
No 42
Byrock to Brewarrina Railway Act, 1898
No 45
Lunacy Act of 1898
No 46
Seaman’s Act, 1898
No 47
Foreign Seaman Act, 1898
1899 No 2
Australasian Federation Enabling Act, 1899
No 4
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1899-1900; and for Services to be hereafter provided for by
Loan
No 5
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1899-1900
No 6
Macleay River Harbour Works Act, 1899
No 7
Manning River Harbour Works Act, 1899
No 8
Hastings River Harbour Works Act, 1899
No 9
Nambucca River Harbour Works Act, 1899
No 10
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1899-1900; and for Services to be hereafter provided for by
Loan
No 12
Military Contingent Act, 1899
No 19
Patents Act, 1899
1899
19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 20
Police Regulation Act, 1899
No 21
Common Law Procedure Act, 1899
No 24
Stage-carriages Act, 1899
No 26
Felons Apprehension Act, 1899
No 27
Prisons Act 1899
No 29
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1899-1900
No 31
Friendly Societies Act, 1899
No 33
Bellinger River Harbour Works Act, 1899
No 34
Tweed River Harbour Works Act, 1899
No 35
Dubbo to Coonamble Railway Act of 1899
No 36
Land Tax (Collection) Act, 1899
No 37
Goulburn to Crookwell Railway Act, 1899
No 41
Campbelltown Municipal Enabling Act, 1899
No 42
Loan Act of 1899
No 43
Appropriation Act of 1899-1900
No 46
Treasury Bills Act of 1899
No 48
Treasury Indemnity Act, 1899
No 49
Wellington Presbyterian Church Lands Act, 1899
No 51
Crown Lands (Amendment) Act, 1899
No 54
Library and Art Gallery Act, 1899
1900
No 1
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1899-1900
No 2
Indecent Publications Act, 1900
20
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 3
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1900-1901; and for Services to be hereafter provided for by
Loan
No 5
Interest on Judgments Amendment Act, 1900
No 7
Port Kembla Harbour Act (Amendment) Act, 1900
No 8
Metropolitan Traffic Act, 1900
No 9
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1900-1901
No 10
Darling Harbour Wharves Resumption Act, 1900
No 14
Casino to Lismore Railway Act, 1900
No 15
Public Hospitals (Voting) Act, 1900
No 16
Sheriff Act, 1900
No 17
Public Watering-places Act, 1900
No 18
Newcastle Pasturage Reserve Act, 1900
No 19
Trade Marks Act, 1900
No 22
University and University Colleges Act, 1900
No 23
Noxious Microbes Act, 1900
No 26
Public Works Act, 1900
No 28
Land Tax (Assessment Books) Act, 1900
No 29
Lindfield-Saint Leonards Railway Crossings Act, 1900
No 31
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1900-1901
No 33
Medical Practitioners Amendment Act, 1900
No 35
Supreme Court and Circuit Courts Act, 1900
No 36
Wollongong Water Supply Works Act, 1900
No 42
Miners’ Accident Relief Act, 1900
No 43
Gundagai to Tumut Railway Act, 1900
21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 45
Dentists Act
No 46
Land Tax (Contribution) Act, 1900
No 48
Pacific Cable Enabling Act, 1900
No 49
Supreme Court Procedure Act, 1900
No 50
Commonwealth Arrangements Act, 1900
No 51
Customs (Sugar Drawbacks) Act, 1900
No 53
Stamp Duties Amendment Act, 1900
No 56
Coal-lumpers Baskets Act of 1900
No 57
Public Service (Taxation Officers) Act, 1900
No 58
Boundary-street Act, 1900
No 59
Appropriation Act of 1900-1901
No 60
Loan Act of 1900
No 62
Church and School Lands (Amendment) Act, 1900
No 63
Electric Tramway (Belmore Park to Fort Macquarie) Act, 1900
No 64
Narrabri Walgett and Collarendabri Railway Act, 1900
No 65
Census Act, 1901
No 66
Excise Reduction Act, 1900
No 67
Paddington Streets Extension Act, 1900
No 68
Treasury Bills Deficiency Act, 1900
No 70
Medical Practitioners Acts Further Amendment Act, 1900
No 73
Federal Elections Act, 1900
No 74
Old-age Pensions Act, 1900
No 75
Liverpool Municipal Loan Act, 1900
No 77
Friendly Societies (Amendment) Act, 1900
1900
1900
22
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 78
Governor-General’s Establishment Contribution Act, 1900
No 82
Grafton to Casino Railway Act, 1900
No 83
City Railway Extension (Devonshire-street) Act, 1900
No 85
Culcairn to Germanton Railway Act, 1900
1901 No 1
Sydney Harbour Trust Act, 1900
No 2
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1901-1902; and for Services to be hereafter provided for by
Loan
No 3
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1901-1902
No 6
Government Railways Act, 1901
No 7
Interpleader Act, 1901
No 10
Party Processions Prevention Act, 1901
No 16
Fines and Penalties Act, 1901
No 18
Net-fishing (Port Hacking) Act, 1901
No 19
Inheritance Act of 1901
No 20
Devonshire-street Cemetery Act, 1901
No 21
City of Sydney Municipal Loan Act, 1901
No 24
Equity Act, 1901
No 25
Careless Use of Fire Act, 1901
No 26
Birds Protection Act, 1901
No 29
Public Institutions Inspection Act, 1901
No 31
Drainage Promotion Act, 1901
No 32
Prickly-pear Destruction Act, 1901
1901
23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 39
General Post Office (Approaches Improvement) Act Further
Amendment Act, 1901
No 40
Governor’s Salary Act, 1901
No 42
Negotiable Instruments Procedure Act, 1901
No 43
Parliamentary Evidence Act, 1901
No 44
Prohibition and Mandamus Act, 1901
No 47
Municipal District of Inverell Reduced Area Act, 1901
No 48
Inter-state Debts Recovery Act, 1901
No 49
Truck Act Amendment Act of 1901
No 50
Temora to Wyalong Railway Act, 1901
No 51
Sydney Female School of Industry (Sale) Act, 1901
No 52
Maitland Hospital Enabling Act, 1901
No 53
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1901-1902
No 55
Casino Municipal Boundaries Act, 1901
No 56
Sydney Industrial Blind Institution Incorporation Act, 1901
No 57
Demise of the Crown Act, 1901
No 58
Public Works Committee Election Act, 1901
No 59
Industrial Arbitration Act, 1901
No 60
Navigation Act, 1901
No 62
Loan Act of 1901
No 63
Appropriation Act of 1901-1902
No 64
Prevention of Cruelty to Animals Act 1901
No 65
Sydney Coal Delivery Act 1901
No 68
Real Property and Conveyancing (Amendment) Act, 1901
No 69
Blockholders Act
1901
24
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 70
Western Lands Act of 1901
No 71
Miners’ Accident Relief (Amendment) Act, 1901
No 72
Manilla to Barraba Railway Act, 1901
No 73
Friendly Societies (Further Amendment) Act, 1901
No 75
Mines Inspection Act, 1901
1902 No 2
Prince Alfred Hospital Additions Act, 1901
No 3
Vice-Admiralty Vexatious Arrests Act, 1901
No 4
Government Railways (Commissioner’s Salary) Act, 1901
No 5
Manly Water Supply and Sewerage Transfer Act, 1901
No 8
Treasury Bills Deficiency (Amendment) Act, 1901
No 9
Pyrmont Bridge Extension Act, 1901
No 12
Little Bay Penitentiary and Prison Act, 1901
No 13
University of Sydney (Fisher Library) Act, 1901
No 14
Municipalities (Incorporation Validating) Act, 1901
No 16
Wharfage and Tonnage Rates Act, 1901
No 19
Native Dogs Destruction and Poisoned Baits Act, 1901
No 20
Necropolis Act 1901
No 21
Borough of Drummoyne Loan Enabling Act, 1902
No 25
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1902-1903; and for Services to be hereafter provided for by
Loan
No 26
Audit Act, 1902
No 28
Drainage Promotion Act Amendment Act, 1902
No 30
Public Health Act, 1902
No 31
Public Service Act, 1902
1902
25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 32
Constitution Act, 1902
No 33
Parliamentary Electorates and Elections Act, 1902
No 34
General Legal Procedure Act, 1902
No 35
Sydney Corporation Act, 1902
No 37
Sydney Abattoir and Nuisances Prevention Act, 1902
No 39
Width of Streets and Lanes Act, 1902
No 40
Public Parks Act, 1902
No 41
Sydney Mint Act, 1902
No 42
Standard Time Act, 1902
No 44
Labour Settlements Act, 1902
No 45
Agricultural Society Act, 1902
No 50
Butchers’ Shops Sunday Closing Act, 1902
No 51
Water Rights Act, 1902
No 52
Prince Alfred Hospital Act, 1902
No 53
Savings Bank of New South Wales Act, 1902
No 54
Women’s Franchise Act, 1902
No 56
Survey Marks Act, 1902
No 57
Hay Irrigation Act, 1902
No 58
Agreements Validating Act, 1902
No 59
Masters and Servants Act, 1902
No 60
Sydney Female School of Industry Act, 1902
No 61
Australian Museum Act, 1902
No 68
Trustees of Schools of Arts Enabling Act, 1902
No 70
Grants for Public Worship Prohibition Act, 1902
No 71
Women’s College Act, 1902
No 73
Coal Mines Regulation Act, 1902
1902
26
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 75
Fines and Forfeited Recognizances Recovery Act, 1902
No 76
Government Railways (Fencing) Act, 1902
No 78
Balranald Irrigation Act, 1902
No 79
Inscribed Stock Act, 1902
No 81
Public Loans Act, 1902
No 82
Noxious Trades Act, 1902
No 83
Newcastle Sewerage Act, 1902
No 84
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1902-1903; and for Services to be hereafter provided for by
Loan
No 85
Cobar to Wilcannia Railway Act, 1902
No 86
Sydney Corporation (Amendment) Act, 1902
No 87
Sydney Water Supply (Cataract River Dam) Act, 1902
No 88
Bogan Gate to Bulbodney Railway Act, 1902
No 89
Temora to Barellan Railway Act, 1902
No 90
Burwood Municipal Loan Validation Act, 1902
No 92
University and University Colleges (Amendment) Act, 1902
No 93
Water and Drainage Act, 1902
No 94
Treasury Bills Act of 1902
No 97
Benevolent Society of New South Wales Act of 1902
No 99
Savings Bank of New South Wales (Amendment) Act, 1902
1902
No 103
Municipal Loans Validating Act, 1902
No 104
Richmond Bridge Act, 1902
No 105
Appropriation Act of 1902-1903
No 107
Wine Adulteration Act, 1902
No 108
Loan Act of 1902
27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 109
Appraisement Act, 1902
No 110
Public Health (Night-soil Removal) Act, 1902
No 111
Pastures Protection Act, 1902
No 112
Municipalities Relief Act, 1902
No 113
City of Sydney Streets Loan Act, 1902
No 114
Gold Dredging Leases Modification Act, 1902
No 115
Land Tax (Leases) Act, 1902
No 116
Municipal District of Wrightville Naming Act of 1902
No 117
Burwood Municipal Loan Validation Act, 1902
1903 No 2
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1903-1904; and for Services to be hereafter provided for by
Loan
1903
No 3
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1903-1904
No 4
Stage-carriages Act Amendment Act of 1903
No 5
Lithgow Municipal Loans (Validation) Act, 1903
No 6
Influx of Criminals Prevention Act, 1903
No 7
Hawkesbury Benevolent Society’s (Amendment) Act, 1903
No 8
Public Service (Superannuation) Act, 1903
No 9
Senators’ Elections Act, 1903
No 10
Appropriation Act of 1903-1904
No 13
Reduction of Members Referendum Act, 1903
No 14
Loan Act, 1903
No 15
Crown Lands Act Amendment Act, 1903
No 16
Sydney Harbour Trust (Leasing) Act, 1903
28
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 18
Native Animals Protection Act, 1903
No 19
Commercial Causes Act, 1903
No 21
Deaf, Dumb, and Blind Institution Vesting Act, 1903
1904 No 1
Electorates Redistribution Act, 1904
No 2
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1904-1905
No 3
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1904-1905; and for Services to be hereafter provided for by
Loan
No 4
Claims against the Government and Crown Suits (Amendment)
Act, 1904
No 5
Public Works Committee Act, 1904
No 6
Legal Process Facilitation Act, 1904
No 7
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1904-1905
No 8
Treasury Bills Redemption Act, 1904
No 9
Master in Equity (Deputy) Act, 1904
1904
No 10
Henry Wait Bequest Act, 1904
No 11
Coal Mines Regulation (Inspection) Act, 1904
No 12
Treasury Indemnity Act, 1904
No 13
Miners’ Accident Relief (Validating) Act, 1904
No 15
Library and Art Gallery Amendment Act, 1904
No 17
Land and Income Tax (Amendment) Act, 1904
No 18
Municipal Loans (Validating) Act, 1904
No 19
State Debt and Sinking Fund Act, 1904
29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 20
Pastures Protection Amendment Act, 1904
No 21
Mines Inspection Amendment Act of 1904
No 22
Navigation Amendment (Regulations) Act, 1904
No 23
Centenary Park Sale Act, 1904
No 24
Stamp Duties (Amendment) Act, 1904
No 26
Sydney Harbour Rates Act, 1904
No 28
Hyde, Cook, and Phillip Parks Act, 1904
No 29
Parramatta Friendly Societies’ Hall Site Vesting Act
No 30
Oxford-street Extension Act, 1904
No 31
Loan Act, 1904
No 32
Appropriation Act of 1904-1905
No 35
Dental Hospitals Union Act, 1904
No 37
Closer Settlement Act, 1904
1904
1905 No 1
Industrial Arbitration (Temporary Court) Act, 1905
No 4
Lands Commission Act, 1905
No 5
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1905-1906; and for Services to be hereafter provided for by
Loan
No 6
Centenary Park Sale (Conveyancing) Act, 1905
No 7
Darling Island Vesting Act, 1905
No 9
Wollongong Harbour Trust Resumption Act, 1905
No 10
New South Wales Institution for the Deaf and Dumb and the
Blind Incorporation Act of 1905
No 11
Lands Commission (Amendment) Act, 1905
No 13
Government Motor Omnibus Act, 1905
No 14
Statistical Maps Act, 1905
30
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 17
Lands Commission (Witnesses) Act, 1905
No 19
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1905-1906
No 20
Observatory Hill Lands Leasing Act, 1905
No 21
Tamworth Show-ground (Amendment) Act, 1905
No 23
Parramatta Sewerage and Drainage Act, 1905
No 25
Coal Mines Regulation (Amending) Act, 1905
No 26
Liverpool Municipal Loan (Amendment) Act, 1905
No 27
Newcastle Friendly Societies and Trades Hall Site Act
Amendment Act of 1905
No 28
National Library Act, 1905
No 29
Appropriation Act of 1905-1906
No 30
Treasury Bills Deficiency Act, 1905
No 31
Taxation Amending Act, 1905
No 32
Treasury Indemnity Act, 1905
No 34
Sydney Water Supply Conduit Additional Works Act, 1905
No 36
Loan Act, 1905
No 37
Sydney Harbour Trust (Reclamations and Leasing) Act, 1905
No 38
Western Lands (Amendment) Act of 1905
No 39
Sydney Corporation Amendment Act, 1905
No 42
Crown Lands Amendment Act of 1905
No 43
Country Towns Water and Sewerage (Amendment) Act, 1905
1905
31
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
1906 No 1
Title or citation
An Act to apply certain sums out of the Consolidated Revenue
Fund of New South Wales towards the Services of the Year
1906-1907; and for Services to be hereafter provided for by
Loan
No 2
Railways (Victorian and Queensland By-laws) Enabling Act
No 3
Consolidated Revenue Fund (Municipal Grant) Act, 1906
No 4
Dower Abolition Act, 1906
No 5
Stock Registration Transfer Act, 1906
No 7
Railway Commissioners Appointment Act, 1906
No 8
Royal Alexandra Hospital for Children Incorporation Act of 1906
No 9
Public Works and Closer Settlement Funds Act, 1906
1906
No 10
Borough of Balmain Electric Lighting Act
No 11
An Act to apply certain sums out of the Consolidated Revenue
Fund and the Public Works Fund towards the Services of the
Year 1906-1907; and for Services to be hereafter provided for
by Loan
No 16
Sydney Corporation Amendment Act, 1906
No 17
Sydney Council (Resumption Moneys) Act, 1906
No 18
North Coast Railway Act, 1906
No 19
Bellevue Hill Tramway Act, 1906
No 21
Royal Alexandra Hospital for Children Incorporation Amendment
Act of 1906
No 23
Sydney Stock-driving Act, 1906
No 24
East to West Maitland Tramway Act, 1906
No 25
Belmore to Chapel Road Railway Act, 1906
No 26
Addison-road to Dulwich Hill Electric Tramway Act, 1906
No 27
Judges’ Pensions Amendment Act, 1906
No 28
Police Regulation (Superannuation) Act, 1906
32
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 31
Friendly Societies (Amendment) Act, 1906
No 32
George-street to Erskinville Tramway Act, 1906
No 33
Hunter District Water and Sewerage (Amendment) Act, 1906
No 34
Municipal Loans Authorisation and Validation Act, 1906
No 35
Mudgee to Dunedoo, via Canadian Lead, Railway Act, 1906
No 36
Great Western Railway Deviation (Lithgow Zigzag) Act, 1906
No 38
Appropriation Act of 1906-1907
No 39
Loan Act, 1906
No 40
Local Government Extension Act, 1906
No 41
Parliamentary Elections Act, 1906
No 42
Improvement Leases Cancellation Act, 1906
No 43
Public Works Committee (Amendment) Act, 1906
No 44
Closer Settlement (Amendment) Act, 1906
No 45
Careless Use of Fire (Amendment) Act, 1906
No 46
Barren Jack Dam and Murrumbidgee Canals Construction Act,
1906
No 47
Taxation Amending Act, 1906
No 48
Government Savings Bank Act, 1906
No 50
Illawarra Suburbs Sewerage Construction Act, 1906
No 51
Drummoyne Sewerage Construction Act, 1906
No 52
Wallsend-Buttai Pipe-line Construction Act, 1906
No 53
David Berry Hospital Act, 1906
No 54
Broken Hill and Umberumberka Water Supply Act, 1906
No 55
Gaming and Betting (Amendment) Act, 1906
No 57
Tocumwal Railway Extension Act, 1906
No 58
Sydney Abattoir Construction Act, 1906
1906
33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
No 59
1907 No 2
Title or citation
Water and Drainage and Artesian Wells (Amending) Act, 1906
Gaming and Betting (Amendment) Act, 1907
No 3
Newcastle Wharfage Act, 1907
No 4
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1907-1908, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 5
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1907-1908; and for
Services to be hereafter provided for by Loan
No 6
Department of Agriculture Act, 1907
No 7
Income Tax Deduction Act, 1907
No 8
Stamp Duties (Amendment) Act, 1907
No 10
Darling Harbour Land Titles Act, 1907
No 11
Broken Hill and Umberumberka Water Supply (Amendment) Act,
1907
No 12
Closer Settlement (Amendment) Act, 1907
No 13
Narromine to Peak Hill Railway Act, 1907
No 14
Lockhart to Clear Hills, viâ Boree Creek, Railway Act, 1907
No 15
Wallsend to West Wallsend Tramway Act, 1907
No 16
Drummoyne to Ryde Electric Tramway Act, 1907
No 17
Parramatta Friendly Societies’ Hall Site (Amendment) Act, 1907
No 19
Loan Act, 1907
No 20
Appropriation Act of 1907-1908
No 22
Invalidity and Accidents Pensions Act, 1907
1907
1908 No 1
No 2
Public Works (Interest) Act, 1907
Ministers’ Salaries Act, 1907
34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 4
Improvement Leases Cancellation (Declaratory) Act, 1908
No 5
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1908-1909, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 6
Subventions to Friendly Societies Act, 1908
No 7
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1908-1909, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 9
Grass-tree Licences Act, 1908
1908
No 10
Public Service (Superannuation) Act, 1908
No 11
Prisoners Detention Act, 1908
No 15
Registrar-General’s Offices Act, 1908
No 16
Sutherland to Cronulla Tramway Act, 1908
No 17
Cowra to Canowindra Railway Act, 1908
No 18
Kyogle to Casino Railway Act, 1908
No 19
Great Western Railway Deviation (Lithgow Zigzag, ‘Section B’)
Act, 1908
No 20
Long Bay Disposal of Sewage Act, 1908
No 21
Appropriation Act, 1908-1909
No 22
Loan Act, 1908
No 23
Cooma to Bombala, viâ Nimitybelle, Railway Act, 1908
No 25
Harris-street to Evans-street, Balmain, Electric Tramway Act,
1908
No 26
The Spit to Manly Electric Tramway Act, 1908
No 27
Sydney Corporation (Amendment) Act, 1908
No 29
Minimum Wage Act, 1908
No 30
Crown Lands (Amendment) Act, 1908
35
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 31
Pure Food Act, 1908
No 32
Western Lands Act Amendment Act of 1908
No 33
Coal Mines Regulation (Amending) Act, 1908
No 34
Sydney Harbour Trust and Navigation Amendment Act, 1908
1909
No 1
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1909-1910, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 3
Improvement Leases Cancellation (Declaratory) Act, 1909
No 4
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1909-1910, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 6
Forestry Act, 1909
No 7
Sydney Harbour Trust Land Titles Act, 1909
No 8
Crown Lands (Improvement Purchase) Act, 1909
No 9
Fire Brigades Act, 1909
No 10
Moree to Mungindi Railway Act, 1909
No 11
Newcastle Northern Breakwater Extension Act, 1909
No 12
Cremorne Tramway Act, 1909
No 13
Railways Crossings Act, 1909
No 14
Seat of Government Surrender Act, 1909
No 15
Trustees of Show-grounds Enabling Act, 1909
No 16
Loan Act, 1909
No 17
Appropriation Act, 1909-1910
No 18
Western Lands Act Amendment Act of 1909
No 19
Lithgow Sewerage Act, 1909
No 20
Morrisset Hospital for Insane Act, 1909
36
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 21
Closer Settlement (Amendment) Act, 1909
No 23
Paddington Streets Extension Act, 1909
No 27
Dentists (Amendment) Act, 1909
No 28
Factories and Shops (Amendment) Act, 1909
1909
1910 No 3
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1910-1911, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 4
Loan (Railways) Act, 1910
No 5
Industrial Disputes (Amendment) Act, 1910
No 6
Crown Lands (Amendment) Act, 1910
No 7
Closer Settlement Promotion Act, 1910
No 9
Royal Navy Recreation Ground Act, 1910
No 10
Workmen’s Compensation Act, 1910
No 11
Railway Service Superannuation Act, 1910
No 12
Saturday Half Holiday Act, 1910
No 13
Murrumbidgee Irrigation Area Resumption Act, 1910
No 15
Fire Brigades Amendment Act, 1910
No 16
Miners’ Accident Relief (Amendment) Act, 1910
No 17
Flemington to Belmore, and Wardell-road to Glebe Island and
Darling Island Railways Act, 1910
No 18
Parliamentary Elections (Second Ballot) Act, 1910
No 19
Clerical Workers Act, 1910
No 20
Royal North Shore Hospital of Sydney Act, 1910
No 21
Public Service (Amendment) Act, 1910
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 1—continued
Year and number
Title or citation
No 22
An Act to apply certain sums out of the Consolidated Revenue
Fund towards the Services of the Year 1910-1911, and out of
the Public Works Fund; and for Services to be hereafter
provided for by Loan
No 23
Early Closing Amendment Act, 1910
No 24
Grafton and South Grafton Water Supply Act, 1910
No 25
Sydney Water Supply Amplification and Improvement Act, 1910
No 26
Junee Water Supply Act, 1910
No 27
Albury Sewerage Act, 1910
No 28
Botany and North Botany Sewerage Act, 1910
No 29
Wagga Sewerage Act, 1910
No 30
University of Sydney (Fisher Library Completion) Act, 1910
No 31
Broken Hill (Umberumberka Creek) Water Supply Act, 1910
No 32
Darley-road, Randwick, to Little Coogee Tramway Act, 1910
No 33
Carrington Wharfage Act, 1910
No 34
Victoria and Rushcutters Bay Parks Act, 1910
No 35
Great Western Railway Duplication (Emu Plains and Blaxland)
Act, 1910
No 36
Camden Sewerage Act, 1910
No 37
Bathurst Sewerage Act, 1910
No 38
Orange Sewerage Act, 1910
No 39
Glenreagh to Dorrigo Railway Act, 1910
No 40
Coal Mines Regulation (Ventilation) Act, 1910
No 41
Orange Hospital for Insane Act, 1910
No 42
Murrumbidgee Irrigation Act, 1910
No 43
Loan Act, 1910
No 44
Appropriation Act, 1910
1910
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 2
OTHER ACTS REPEALED
Commonwealth Functions (Statutes Review) Act 1981, Part II
Courts (Hire-purchase Agreements) Act 1963 No 7
Crimes Legislation (Status and Citation) Act 1992 No 6
Imperial Acts Application (Amendment) Act 1987 No 44
Imperial Acts (Substituted Provisions) (Amendment) Act 1987 No 45
Law Reform (Abolitions and Repeals) Act 1996 No 1
Law Reform (Repeal of Laws) Act 1997 No 42
Maintenance Act 1968 No 20
Maintenance Act 1973 No 30
Maintenance (Amendment) Act 1993 No 5
New South Wales Acts Act 1986 No 91
New South Wales Acts Application Act 1984 No 41
New South Wales Acts Application (Amendment) Act 1984 No 58
New South Wales Acts Application (Amendment) Act 1986 No 5
Printing and Newspapers Act 1961 No 16
Printing and Newspapers Act 1970 No 3
Self-Government (Citation of Laws) Act 1989 No 21
Statute Law Revision (Penalties) Act 1994 No 81
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(See s 5)
Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3
AMENDMENTS OF ACTS
(See s 6)
Administration and Probate Act 1929
Section 3—
Repeal the section.
Subsection 5 (1) (definition of Rules)—
Omit the definition, substitute the following definition:
“rules mean rules of court made by the Supreme Court that apply to
matters arising under this Act.”.
Subsection 5 (3)—
Omit the subsection.
Subsection 8C (1)—
Omit all the words after “death” (first occurring).
Subsection 8C (2)—
Omit the subsection.
Subsection 21 (2)—
Omit “durante minore aetate of the next of kin”, substitute “during
the minority of the infant”.
New Division 4 of Part 3—
After section 43 insert the following Division in Part 3:
“Division 4—Position of executor of an executor
“Note The provisions of this Division were relocated from Part 3 of Schedule 2 to the
Imperial Acts (Substituted Provisions) Act 1986. (For the effect of a relocation, see
Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts
that applied (or may have applied) in the Territory and repealed those Acts. The
provisions of Part 3 of Schedule 2 were substituted for 25 Edw. 3, St. 5, c 5 (1351).
Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the
interpretation of consolidating Acts apply to the interpretation of the provisions of a law
set out in Schedule 2. These rules of law continue to apply to this Division (see
Interpretation Act 1967, s 49 (3)).”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Paragraph 64 (1A) (a)—
(a) Omit “Registration of Births, Deaths and Marriages Act 1963”,
substitute “Births, Deaths and Marriages Registration Act 1997”.
(b) Omit “of Births and the Register of Parentage Information”.
New Part 3D—
After section 74 insert the following Part:
“PART 3D—LIABILITY OF CERTAIN PERSONS IN RELATION
TO DECEASED ESTATES
“Note The provisions of this Part were relocated from Schedule 2 to the Imperial
Acts (Substituted Provisions) Act 1986. (For the effect of a relocation, see Interpretation
Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts that applied (or
may have applied) in the Territory and repealed those Acts. Subsection 4 (1) of the 1986
Act provided, in effect, that the rules of law about the interpretation of consolidating Acts
apply to the interpretation of the provisions of a law set out in Schedule 2. These rules of
law continue to apply to this Part (see Interpretation Act 1967, s 49 (3)).”.
Part VA—
Repeal the Part.
Subsection 90 (2)—
Omit “Public Curator”, substitute “public trustee”.
Section 129—
Repeal the section.
Schedules heading—
Omit the schedules heading.
First Schedule—
Repeal the schedule.
Administrative Appeals Tribunal Act 1989
Subsection 3 (1) (definition of Registrar)—
Omit “and includes a Deputy Registrar”.
Subsection 47 (2)—
(a) Omit “or a Judge of the Court sitting in chambers”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
(b) Omit “or Judge”.
Subsection 47 (3)—
Omit “or a Judge of the Court sitting in chambers”.
Section 57—
Repeal the section, substitute the following section:
“57 Registrar and deputy registrar
“(1) The registrar of the Magistrates Court is the registrar of the tribunal.
“(2) Each deputy registrar of the Magistrates Court is a deputy registrar
of the tribunal.
“(3) Subject to any direction of the registrar, a deputy registrar of the
tribunal may exercise the powers of the registrar of the tribunal.
“(4) The registrar may, by signed writing, delegate to a public servant all
or any of his or her powers under this Act.”.
Administrative Decisions (Judicial Review) Act 1989
Subsection 3 (1) (definition of enactment, paragraph (b))—
Omit the paragraph.
Subparagraph 9 (2) (b) (iii)—
Omit “the Buildings (Design and Siting) Act 1964,”.
Paragraphs 16 (1) (a) and (b)—
(a) Omit “or a Judge sitting in chambers”.
(b) Omit “or the Judge”.
Subsection 16 (2)—
(a) Omit “or a Judge sitting in chambers”.
(b) Omit “or Judge’s”.
Agents Act 1968
Subsection 5 (1) (definition of identity card)—
Omit the definition.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Section 6C—
Repeal the section, substitute the following section.
6C
Inspectors—identity cards
“(1) The chief executive must issue to the registrar, the deputy registrar
and each inspector an identity card that—
(a) states the name and position of the person to whom it is issued;
and
(b) includes a recent photograph of the person.
“(2) A person—
(a) to whom an identity card was issued under subsection (1); and
(b) who ceases to occupy or act in the position the person held when
the card was issued;
must, unless the person has a reasonable excuse, return the card to the chief
executive as soon as practicable, but no later than 21 days, after ceasing to
occupy or act in the position.
Maximum penalty: 1 penalty unit.”.
Subsection 71T (2)—
Omit the subsection.
Associations Incorporation Act 1991
Section 3 (definition of banking corporation)—
Omit the definition, substitute the following definition:
“banking corporation means a bank, building society or credit
union.”.
Section 3 (definition of determined fee)—
Omit “section 125”, substitute “section 126”.
Building and Services Act 1924
Section 1A (definition of Authority)—
Omit the definition, substitute the following definition:
“authority means ACTEW Corporation Limited.”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Section 1A (definition of services)—
(a) After “includes” insert “the supply of water or electricity”.
(b) Omit “aerial masts and fittings in connection with wireless
receivers”, substitute “communication infrastructure and
equipment and fittings and cables in connection with
communication infrastructure and equipment”.
Business Names Act 1963
Subsection 9 (1)—
Omit “Australian Securities Commission”, substitute “Australian
Securities and Investments Commission”.
Consumer Affairs Act 1973
Long title—
Omit the title, substitute the following title:
“An Act to make provision for fair trading advisory committees and
to establish the Office of Fair Trading”.
Section 1—
Repeal the section, substitute the following section:
“1
Name of Act
This Act is the Fair Trading (Consumer Affairs) Act 1973.”.
Section 3 (definition of Director)—
Omit “Consumer Affairs”, substitute “Fair Trading”.
Section 3 (definition of the Bureau)—
Omit the definition.
Section 3—
Insert the following definition:
“office means the Office of Fair Trading of the Australian Capital
Territory.”.
Heading to Part 2—
Omit “CONSUMER AFFAIRS”, substitute “FAIR TRADING”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Heading to Part 3—
Omit “CONSUMER AFFAIRS BUREAU”, substitute “OFFICE
OF FAIR TRADING”.
Sections 12, 13 and 14—
Repeal the sections, substitute the following sections:
“12
Office of Fair Trading
An office called the Office of Fair Trading of the Australian Capital
Territory is established.
“13 Director of Fair Trading
“(1) There is to be a Director of Fair Trading for the Australian Capital
Territory.
“(2) The chief executive must establish an office in the public service the
duties of which include performing the functions of the director.
“(3) The director is the public servant for the time being performing the
duties of the public service office mentioned in subsection (2).
“14
Functions of office
The functions of the office are—
(a) to receive complaints from consumers and persons dealing with
consumers about fraudulent or unfair commercial practices; and
(b) to investigate those complaints and take appropriate action; and
(c) to conduct other investigations and research about issues affecting
the interests of consumers and persons dealing with consumers;
and
(d) to make information available to the public about issues affecting
the interests of consumers and persons dealing with consumers;
and
(e) to make available for the guidance of consumers and persons
dealing with consumers information about the laws in force in the
Territory affecting the interests of consumers and persons dealing
with consumers; and
(f) to assist the director to carry out his or her functions.”.
Subsection 15 (1)—
Omit “Bureau”, substitute “office of fair trading”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Paragraph 15A (1) (b)—
Omit “Bureau”, substitute “office”.
Subsection 15B (1)—
Omit “Bureau”, substitute “office”.
Subsection 15E (5)—
Omit “Bureau”, substitute “office”.
Subsection 15F (1)—
Omit “Bureau”, substitute “office”.
Paragraph 15FAA (2) (b)—
Omit “Bureau”, substitute “office”.
Subsection 15FAB (5)—
Omit “Bureau”, substitute “office”.
Paragraphs 15G (2) (a) and (b)—
Omit “Bureau”, substitute “office”.
Consumer Credit Act 1995
Section 8—
Omit “Consumer Affairs”, substitute “Fair Trading”.
Consumer Credit (Administration) Act 1996
Section 3 (definitions of Director, Registrar and Tribunal)—
Omit the definitions, substitute the following definitions:
“director means the director of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.
registrar means the registrar of the tribunal.
tribunal means the Australian Capital Territory Credit Tribunal.”.
Section 3 (definitions of bank, Bureau and Deputy Registrar)—
Omit the definitions.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Section 3—
Insert the following definition:
“office means the office of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.”.
Division 3 of Part 4—
Repeal the Division, substitute the following Division:
“Division 3—Registrar and deputy registrars
“69 Registrar and deputy registrars
“(1) The registrar of the Magistrates Court is the registrar of the tribunal.
“(2) Each deputy registrar of the Magistrates Court is a deputy registrar
of the tribunal.
“(3) Subject to any direction of the registrar, a deputy registrar of the
tribunal may exercise the powers of the registrar of the tribunal.
“(4) The registrar may, by signed writing, delegate to a public servant all
or any of his or her powers under this Act.”.
Conveyancing and Law of Property Act 1898
Sections 31, 32, 33 and 34—
Repeal the sections.
Subsection 36 (3)—
Omit the subsection.
Sections 39, 40, 41, 42 and 44—
Repeal the sections.
Subsection 46 (2)—
Omit the subsection.
Sections 47, 49, 50, 51 and 52—
Repeal the sections.
Paragraph 63 (a)—
Omit all the words after “invest” (second occurring).
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Section 63—
Add at the end the following subsection:
“(2) If money is invested under paragraph (1) (a) in terminable securities,
provision must be made by way of sinking fund or otherwise in relation to
any premiums or discount to secure the full capital for persons having
remoter interests.”.
Sections 66, 70, 74, 75, 76, 77, 78, 79 and 80—
Repeal the sections.
Subsection 105 (1)—
Omit all the words after “subject” (last occurring).
Section 105—
After subsection (1), insert the following subsection:
“(1A) If there is a subsequent subsisting mortgage on the property at the
date of an acknowledgment mentioned in subsection (1), the legal estate in
the property under the discharged mortgage vests—
(a) in the person in whom the subsequent mortgage is vested; or
(b) if there are 2 or more such subsequent mortgages—in the person
who has the prior right to call for an assurance of the legal
estate.”.
Subsection 105 (2)—
Omit the subsection.
Subsection 108 (4)—
Omit all the words after “thereof”.
Section 108—
Add at the end the following subsection:
“(5) An order under subsection (4) takes effect only when it has been
registered with the registrar-general.”.
Section 117—
Repeal the section.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Credit Act 1985
Subsection 5 (1) (definition of Director)—
Omit the definition, substitute the following definition:
“director means the director of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.”.
Subsection 5 (1) (definitions of bank and the Bureau)—
Omit the definitions.
Subsection 5 (1)—
Insert the following definition:
“office means the office of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.”.
Discrimination Act 1991
Section 110F—
Repeal the section, substitute the following section:
“110F Registrar and deputy registrar
“(1) The registrar of the Magistrates Court is the registrar of the tribunal.
“(2) Each deputy registrar of the Magistrates Court is a deputy registrar
of the tribunal.
“(3) Subject to any direction of the registrar, a deputy registrar of the
tribunal may exercise the powers of the registrar of the tribunal.
“(4) The registrar may, by signed writing, delegate to a public servant all
or any of his or her powers under this Act.”.
Education Act 1937
Subsection 19 (2)—
Omit the subsection.
Evidence Act 1971
Section 73—
Relocate the section to the Supreme Court Act 1933 as section 58A.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Section 91—
(a) Omit from subsection (1) “of the Supreme Court”.
(b) Omit from paragraph (5A) (b) “of the Supreme Court”.
(c) Relocate the section (as amended) to the Supreme Court Act 1933
as section 74A.
Section 97—
Relocate the section to the Supreme Court Act 1933 as section 70A.
Fair Trading Act 1992
Subsection 5 (1) (definition of director)—
Omit the definition, substitute the following definition:
“director means the director of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.”.
New section 35A—
After section 35 insert the following section:
“35A Evidence of code
In any proceeding before a court, evidence of a code as in force on a
day or during a period may be given by the production of a document
purporting to be a copy of the code if the copy contains a statement signed
by the director that the document is an accurate copy of the code as in force
on that day or during that period.”.
Fair Trading (Fuel Prices) Act 1993
Subsection 2 (1) (definition of Director)—
Omit the definition, substitute the following definition:
director means the director of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.”.
Freedom of Information Act 1989
Paragraphs 47 (a) and (b)—
Omit “Companies and Securities”, substitute “Corporations”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Paragraph 47 (c)—
Omit “National Companies and Securities Commission”, substitute
“Australian Securities and Investments Commission”.
Guardianship and Management of Property Act 1991
Section 4—
Insert the following definitions:
“deputy president means a deputy president of the tribunal.
non-presidential member means a member of the tribunal who is not a
presidential member.
presidential member means the president or a deputy president of the
tribunal.”.
Subsection 35 (1)—
Omit “President”, substitute “presidential member”.
Subsections 38 (3) and (4)—
Omit “President”, substitute “presidential member”.
Subsections 39 (1)—
Omit “President”, substitute “presidential member”.
Sections 41—
Omit “President” (wherever occurring), substitute “presidential
member”.
Section 42—
Omit “President” (wherever occurring), substitute “presidential
member”.
Subsections 45 (2) and (3)—
Omit “President” (wherever occurring), substitute “presidential
member”.
Subsections 48 (1) and (3)—
Omit “President” (wherever occurring), substitute “presidential
member”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Subsections 49 (1) and (2)—
Omit “President”, substitute “presidential member”.
Paragraph 51 (b)—
Omit “President”, substitute “presidential member”.
Sections 58 and 59—
Repeal the sections, substitute the following sections:
“58
“(1)
Membership
The tribunal consists of—
(a) a president; and
(b) deputy presidents; and
(c) other members.
“(2) The members of the tribunal are to be appointed by the Executive.
“(3) A person is eligible to be appointed president only if the person is a
magistrate.
“(4) The president is responsible for the orderly and expeditious
discharge of the business of the tribunal.
“(5) The Executive may appoint an acting president if the office is vacant
or during the absence of the president.
“(6) A person is eligible to be appointed deputy president only if the
person is a lawyer of 5 years standing.
“(7) A presidential member holds office for the period (not longer than
5 years) stated in his or her instrument of appointment but is eligible for
reappointment.
“(8) The Executive may appoint as non-presidential members persons
who have, in its opinion, appropriate expertise, training or experience in
relation to, and are otherwise suitable to deal with, the needs of persons
who, because of a physical, mental, psychological or intellectual condition,
need assistance or protection from abuse, exploitation or neglect.
“(9) A non-presidential member holds office for the period (not longer
than 3 years) stated in his or her instrument of appointment but is eligible
for reappointment.
“(10) A member may be appointed as a full-time member or a part-time
member.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
“(11) Subject to this Part, a member of the tribunal holds office on the
terms (including terms about remuneration and allowances) stated in his or
her instrument of appointment.
“59
“(1)
Constitution for exercise of powers
The tribunal may exercise its powers only if constituted by—
(a) a presidential member; or
(b) a presidential member and other members as decided by the
presidential member.
“(2) However, if a member of the tribunal other than the presidential
member ceases to be available for the conduct of an inquiry before its
completion, the presidential member and any remaining member may finish
the inquiry if the presidential member considers it desirable to do so.”.
Subsection 60 (1)—
Omit “President”, substitute “presidential member”.
Subsection 60 (2)—
Omit the subsection, substitute the following subsection:
“(2) Subject to subsection (1), if there is a division of opinion in relation
to a question, the question is decided—
(a) according to the opinion of the majority; or
(b) if there is no majority—according to the opinion of the
presidential member.”.
Subsections 63 (2) and (3)—
Omit the subsections, substitute the following subsections:
“(2) The Executive may appoint a person to act as the president only if
the person is a magistrate.
“(3) The Executive may appoint a person to act as a deputy president
only if the person is a lawyer of 5 years standing.
“(3A) The Executive may appoint a person to act as a non-presidential
member only if the person is a person mentioned in subsection 58 (8).”.
Subsections 68 (1) and (6)—
Omit “President” (wherever occurring), substitute “presidential
member”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
Imperial Acts Application Act 1986
Schedule 4—
Relocate to the Schedule to the Trustee Act 1925 all the words from
and including “Whereas lands” to and including “employ the same.”.
Remainder of the Act—
Repeal the remainder of the Act.
Imperial Acts (Substituted Provisions) Act 1986
Schedule 2, Part 1A—
(a) Renumber clauses 1 and 2 as subsections 36 (1) and (2).
(b) Omit from clause 2 “Clause 1”, substitute “Subsection (1)”.
(c) Relocate clauses 1 and 2 (as amended) to Division 1 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 3—
(a) Renumber clauses 1, 2 and 3 as sections 43A, 43B and 43C,
respectively.
(b) Omit from paragraph 1 (a) “(in this Part referred to as the ‘original
executor’)”, substitute “(in this Division called the original
executor)”.
(c) Omit from paragraph 1 (c) “(in this Part referred to as the
‘succeeding executor’)”, substitute “(in this Division called the
succeeding executor)”.
(d) Omit from paragraph 1 (e) “this clause”, substitute “this section”.
(e) Omit from clauses 2 and 3 “clause 1”, substitute “section 43A”.
(f) Relocate clauses 1, 2 and 3 (as amended) to Division 4 of Part 3 of
the Administration and Probate Act 1929 (after the note).
Schedule 2, Part 4—
(a) Omit from paragraph 1 (a) “contained”.
(b) Omit from paragraph 1 (b) “like manner”, substitute “the same
way”.
(c) Insert in paragraph 1 (b) “person” after “deceased”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
(d) Add at the end of clause 1 the following note:
“Note This section was relocated from Part 4 of Schedule 2 to the Imperial
Acts (Substituted Provisions) Act 1986. (For the effect of a relocation, see
Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain
UK Acts that applied (or may have applied) in the Territory and repealed those
Acts. The provisions of Part 4 of Schedule 2 were substituted for 31 Edw. 3,
St. 1, c 11 (1357) and 1 Jas. 2 c 17, s 6 (1685). Subsection 4 (1) of the 1986
Act provided, in effect, that the rules of law about the interpretation of
consolidating Acts apply to the interpretation of the provisions of a law set out
in Schedule 2. These rules of law continue to apply to this section (see
Interpretation Act 1967, s 49 (3)).”.
(e) Relocate clause 1 (as amended) to the Administration and Probate
Act 1929 (after section 12) as section 13.
Schedule 2, Part 4A—
(a) Renumber clause 1 as section 37.
(b) Relocate clause 1 (as amended) to Division 2 of Part 12 of the
Law Reform (Miscellaneous Provisions) Act 1955 (after the note).
Schedule 2, Part 5—
(a) Renumber clause 4 as section 39.
(b) Relocate clause 4 (as amended) to Division 3 of Part 12 of the
Law Reform (Miscellaneous Provisions) Act 1955 (after the note).
Schedule 2, Part 6—
(a) Renumber clauses 1 and 2 as sections 40 and 41, respectively.
(b) Omit from subclause 1 (2) “Subclause (1)”, substitute
“Subsection (1)”.
(c) Omit from subclause 1 (4) “Subclauses (1), (2) and (3)”, substitute
“Subsections (1), (2) and (3)”.
(d) Omit from subclause 1 (5) “This clause”, substitute “This
section”.
(e) Omit from paragraphs 1 (5) (a) and (b) “the commencing date”,
substitute “26 June 1986”.
(f) Omit from paragraph 1 (5) (c) “the commencing date” (first
occurring), substitute “26 June 1986”.
(g) Omit from paragraph 1 (5) (c) “the commencing date” (last
occurring), substitute “that date”.
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Law Reform (Miscellaneous Provisions)
No 66, 1999
SCHEDULE 3—continued
(h) Omit from subclause 2 (2) “This clause”, substitute “This
section”.
(i) Omit from paragraph 2 (2) (a) “the commencing date”, substitute
“26 June 1986”.
(j) Omit from paragraph 2 (2) (b) “the commencing date” (first
occurring), substitute “26 June 1986”.
(k) Omit from paragraph 2 (2) (b) “the commencing date” (last
occurring), substitute “that date”.
(l) Relocate clauses 1 and 2 (as amended) to Division 4 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 7—
(a) Renumber clauses 1 to 7 as sections 42 to 48, respectively.
(b) Omit from clause 1 “clause 2”, substitute “section 43”.
(c) Omit from clause 1 “, whether before or after the commencing
date,”.
(d) Omit from clause 2 “Clause 1”, substitute “Section 42”.
(e) Omit from the heading to clause 4 “clause 3”, substitute
“section 45”.
(f) Omit from clause 4 “clause 3”, substitute “section 44”.
(g) Omit from clause 4 “that clause applied, whether made before, on
or after the commencing date,”, substitute “the section”.
(h) Omit from the heading to clause 6 “clause 5”, substitute
“section 46”.
(i) Omit from clause 6 “Clause 5”, substitute “Section 46”.
(j) Omit from clause 7 “this Part, unless the contrary intention
appears”, substitute “this Division”.
(k) Relocate clauses 1 to 7 (as amended) to Division 5 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 8—
(a) Renumber clause 1 as section 74A.
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SCHEDULE 3—continued
(b) Add at the end of clause 1 the following note:
“Note The provisions of this section were substituted for 43 Eliz. 1 c 8
(1601).”.
(c) Relocate clause 1 (as amended) to Part 3D of the Administration
and Probate Act 1929 (after the note).
Schedule 2, Part 10—
(a) Renumber clauses 1 and 2 as sections 49 and 50, respectively.
(b) Omit from subclause 2 (2) “subclause (1)”, substitute
“subsection (1)”.
(c) Omit from subclause 2 (3) “subclause (2)”, substitute
“subsection (2)”.
(d) Relocate clauses 1 and 2 (as amended) to Division 6 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 11—
(a) Renumber clauses 1 to 4 as sections 51 to 54, respectively.
(b) Omit from subclause 1 (1) “this Part”, substitute “this Division”.
(c) Omit from subclause 1 (2) “Subclause (1)”, substitute
“Subsection (1)”.
(d) Omit from clause 3 “clause 1 or 2”, substitute “section 51 or 52”.
(e) Omit from paragraph 3 (c) “the commencing date”, substitute
“26 June 1986”.
(f) Omit from subclause 4 (2) “Subclause (1)”, substitute
“Subsection (1)”.
(g) Omit from subclause 4 (2) “the commencing date”, substitute
“26 June 1986”.
(h) Omit from subclause 4 (3) “Subclause (1)”, substitute
“Subsection (1)”.
(i) Relocate clauses 1 to 4 (as amended) to Division 7 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 12—
(a) Renumber clause 1 as section 74B.
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SCHEDULE 3—continued
(b) Omit from clause 1 “, in this clause referred to as the ‘relevant
person’,”, substitute “(the relevant person)”.
(c) Add at the end of clause 1 the following note:
“Note The provisions of this section were substituted for 30 Chas. 2 c 7 (1678)
and 4 Will. and Mary c 24, s 12 (1692).”.
(d) Relocate clause 1 (as amended) to Part 3D of the Administration
and Probate Act 1929.
Schedule 2, Part 14—
(a) Renumber clauses 1 to 3 as sections 55 to 57, respectively.
(b) Omit from clause 2 “(in this clause referred to as the ‘original
lease’)”, substitute “(the original lease)”.
(c) Omit from clause 3 “Clauses 1 and 2”, substitute “Sections 55 and
56”.
(d) Relocate clauses 1 to 3 (as amended) to Division 8 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 15—
(a) Renumber clause 1 as section 58.
(b) Relocate clause 1 (as amended) to Division 9 of Part 12 of the
Law Reform (Miscellaneous Provisions) Act 1955 (after the note).
Schedule 2, Part 15A—
(a) Renumber clauses 1 and 2 as sections 59 and 60, respectively.
(b) Omit from subclause 1 (2) “Subclause (1)”, substitute
“Subsection (1)”.
(c) Omit from subclause 1 (3) “subclause (1)”, substitute
“subsection (1)”.
(d) Omit from clause 2 “clause 1”, substitute “section 59”.
(e) Relocate clauses 1 and 2 (as amended) to Division 10 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Schedule 2, Part 17—
(a) Renumber clause 1 as section 61.
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SCHEDULE 3—continued
(b) Relocate clause 1 (as amended) to Division 11 of Part 12 of the
Law Reform (Miscellaneous Provisions) Act 1955 (after the note).
Schedule 2, Part 18—
(a) Renumber clauses 1 to 5 as sections 94A to 94E, respectively.
(b) Omit from clause 2, subclause 3 (1) and clause 4 “clause 1”,
substitute “section 94A”.
(c) Omit from clause 5 “clause 2”, substitute “section 94B”.
(d) Relocate clauses 1 to 5 (as amended) to Division 6 of Part 3 of the
Trustee Act 1925.
Schedule 2, Part 19—
(a) Renumber clause 1 as section 62.
(b) Relocate clause 1 (as amended) to Division 12 of Part 12 of the
Law Reform (Miscellaneous Provisions) Act 1955 (after the note).
Schedule 2, Part 20A—
(a) Renumber clause 1 as section 64.
(b) Omit from subclause 1 (2) “subclause (1)”, substitute
“subsection (1)”.
(c) Relocate clause 1 (as amended) to Division 13 of Part 12 of the
Law Reform (Miscellaneous Provisions) Act 1955 (after
section 63).
Schedule 2, Part 21—
(a) Renumber clauses 1 and 2 as sections 65 and 66, respectively.
(b) Omit from subclause 1 (2) “subclause (1)”, substitute
“subsection (1)”.
(c) Omit from subclause 1 (3) “subclause (2)”, substitute
“subsection (2)”.
(d) Omit from subclause 2 (2) “subclause (1)”, substitute
“subsection (1)”.
(e) Relocate clauses 1 and 2 (as amended) to Division 14 of Part 12 of
the Law Reform (Miscellaneous Provisions) Act 1955 (after the
note).
Remainder of the Act—
Repeal the remainder of the Act.
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SCHEDULE 3—continued
Inebriates Act 1900
Section 1—
Omit “or in Chambers”.
Section 6—
Omit “or a Judge thereof in Chambers”.
Instruments Act 1933
Subsection 8 (2)—
Omit the subsection.
Insertion of new section 8A—
After section 8, insert the following section:
“8A
Meaning of apparent possession in Pt 8
For this Part, personal chattels are taken to be in the apparent
possession of the person making or giving a bill of sale, if—
(a) they are on any land or premises occupied by the person; or
(b) they are used and enjoyed by the person anywhere;
even though that formal possession of them has been taken by or given to
someone else.”.
Insurance Levy Act 1998
Paragraph 10 (1) (b)—
Omit “an auditor’s certificate”, substitute “unless the general
insurer’s total assessable portion for the financial year is less than $50,000,
an auditor’s certificate”.
Interpretation Act 1967
Long title—
Omit the title, substitute the following title:
“An Act to assist in interpreting, shortening and simplifying Acts, to
assist in improving their quality and accessibility, and for other purposes
related to legislation”.
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SCHEDULE 3—continued
Sections 1, 5 and 6—
Repeal the sections, substitute the following sections:
“1
Name of Act
This Act is the Interpretation Act 1967.
“2
Application
This Act applies to all Acts.
“3
Displacement of Act by contrary intention
This Act applies to an Act except so far as the contrary intention
appears in this Act or the Act concerned.”.
Subsection 7 (2)—
Omit “Australian Capital Territory (Self-Government) Act 1988 of
the Commonwealth”, substitute “Self-Government Act”.
Part 2—
Repeal the part, substitute the following parts:
“PART 1A—SOURCES OF LAW IN THE TERRITORY
“Notes on sources of law
“Note 1 The laws in force in the Territory consist of the written law and various unwritten
laws known as the principles and rules of common law and equity.
“Note 2 The written law of the Territory consists primarily of laws, known as Acts, made
by the Legislative Assembly and earlier laws, previously known as ordinances, made by
the Governor-General under the Seat of Government (Administration) Act 1910 (Cwlth).
It also includes regulations, rules of court and other legislative instruments made under
specific powers given by Acts. (Written laws made under an Act are commonly called
‘subordinate’ or ‘delegated’ legislation.)
“Note 3 Before self-government, ordinances were the main form of legislation made for
the Territory. Most of the ordinances in force at self-government have been converted into
Acts (see s 34 of the Self-Government Act). However, the Governor-General retains
power to make ordinances for the Territory on a limited number of topics (see s 12 of the
Seat of Government (Administration) Act 1910 (Cwlth)).
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SCHEDULE 3—continued
“Note 4 The written laws in force in the Territory also include the Commonwealth
Constitution, Commonwealth Acts, and regulations and other legislative instruments made
under Commonwealth Acts. As a general rule, Commonwealth Acts and legislative
instruments apply in the ACT in the same way as they apply in other parts of Australia.
Commonwealth Acts and instruments prevail over the Acts made by the Legislative
Assembly to the extent to which they are inconsistent (see s 28 of the Self-Government
Act).
“7A
Former NSW and UK Acts in force in Territory
The written law of the Territory includes the NSW Acts and UK
Acts mentioned in Schedule 1.
“Note 1 Section 65 provides that a law mentioned in Schedule 1, to the extent that the law
was in force in the Territory immediately before the commencement of that section, is
taken to be, for all purposes, a law made by the Legislative Assembly as if it had been
enacted by the Assembly.
“Note 2 The Imperial Acts (Substituted Provisions) Act 1986 substituted provisions for
certain UK Acts that applied (or may have applied) in the Territory and repealed those UK
Acts. Most of the remaining substituted provisions are now set out in Part 12 of the Law
Reform (Miscellaneous Provisions) Act 1955.
“Note 3 Section 65 also provides that, to remove any doubt, the remaining substituted
provisions are taken to be, for all purposes, laws made by the Legislative Assembly as if
they had been enacted by the Assembly.
“PART 2—NOTIFICATION, NUMBERING AND
COMMENCEMENT OF ACTS
“8
Notification of Acts
“(1) If a proposed law has been passed by the Legislative Assembly, the
Chief Minister, or a Minister authorised by the Chief Minister, must publish
in the Gazette a notice of the proposed law having been passed and the
place or places where copies of the law can be purchased.
“(2) On the day notice of the proposed law is published in the Gazette
(the notification day) or as soon as practicable after the notification day,
copies of the law must be available for purchase at the place, or each of the
places, stated in the notice.
“(3) If, on the notification day, no copies of the law are available for
purchase at the place, or any of the places, stated in the notice, the Chief
Minister must present to the Legislative Assembly within 15 sitting days a
statement—
(a) that copies of the law were not so available; and
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SCHEDULE 3—continued
(b) explaining why they were not available.
“(4) Failure to comply with subsection (2) or (3) does not affect the
validity of the law.
“9
Numbering of Acts
The Acts passed in each year are to be numbered as nearly as
practicable in the order in which they are passed.
“10
Commencement of Acts on date of notification
An Act commences on its date of notification except so far as the
Act otherwise expressly provides.
“10A Time of commencement of Acts
If an Act or a provision of an Act commences on a day, it
commences at the beginning of the day.
“10B Commencement of naming and commencement provisions on
date of notification
“(1) The provisions of an Act providing for its name and commencement
automatically commence on the date of notification of the Act.
“(2) This section applies to an Act despite anything in the Act unless the
Act expressly provides that it does not apply.
“10C Commencement by notice
“(1) If an Act or provisions of an Act are expressed to commence on a
day fixed by notice—
(a) a single day or time may be fixed; or
(b) different days or times may be fixed for different provisions.
“(2) If the day or time fixed by a notice in the Gazette for the
commencement of an Act or a provision of an Act happens before the day
the notice is published in the Gazette (the notification day)—
(a) the notice is valid; but
(b) the Act or provision commences on the notification day.
“(3) In this section—
notice includes any instrument (however described).
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SCHEDULE 3—continued
“10D Separate commencement of amendments
Any amendment made by a provision of an Act may be given a
separate commencement, whether or not the provision is self-contained.
“Examples
1
Each paragraph of a provision of an amending Act may be given a separate
commencement.
2
Each item in a schedule to an amending Act may be given a separate
commencement.
“10E Automatic commencement of postponed law
“(1) In this section—
notification day, for a postponed law, means the date of notification
of—
(a) if the postponed law is an Act—the Act; or
(b) if the postponed law is a provision of an Act—the Act that
enacts the provision.
postponed law means an Act or provision of an Act that does not
commence on the notification day because a provision of an Act
postpones its commencement until a day fixed by a notice or other
instrument.
“(2) If a postponed law has not commenced within 6 months beginning
on the notification day, it automatically commences on the first day after
that period.
“(3) This section—
(a) applies only to a postponed law enacted after 1 January 2000; and
(b) applies to a postponed law unless an Act expressly states it does
not apply.
“Example—
The Hypothetical Act 2000 was notified in the Gazette on 5 July 2000 and was expressed
to commence on a day to be fixed by the Minister by notice in the Gazette. If the Act had
not commenced by notice on or before 4 January 2001, it would automatically commence
on 5 January 2001.
“10F References to enactment and passing of Acts
In an Act, a reference to the enactment or passing of an Act is a
reference to that Act having been notified in the Gazette under section 8.
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SCHEDULE 3—continued
“11
References to commencement of Act
In an Act, a reference to the commencement of the Act, or another
Act, (the Act concerned) is a reference to—
(a) if the provisions of the Act concerned (other than those providing
for its name and commencement) commence, or are required to
commence, on a single day or at a single time—the
commencement of the remaining provisions; or
(b) if paragraph (a) does not apply and the reference is in a provision
of the Act concerned—the commencement of the provision; or
(c) in any other case—the commencement of the relevant provision of
the Act concerned.”.
Sections 11C, 11D and 12—
Repeal the sections, substitute the following sections:
“11C Changes of drafting practice not to affect meaning
If—
(a) a provision of an Act expresses an idea in particular words; and
(b) a provision of the same Act, or another Act, enacted later appears
to express the same idea in different words or in a different way
because of a different legislative drafting practice, including, for
example the use of—
(i) a clearer or simpler drafting style; or
(ii) gender-neutral language;
the ideas must not be regarded as different merely because different words
are used or the idea is expressed in a different way.
“11D Examples
If an Act includes an example of the operation of a provision, the
example—
(a) is not exhaustive; and
(b) may extend, but does not limit, the meaning of the provision.
“11E Defined terms—other parts of speech and grammatical forms
If an Act defines a word or expression, other parts of speech and
grammatical forms of the word or expression have corresponding
meanings.
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SCHEDULE 3—continued
“11F Application of definitions in dictionaries and sections
“(1) A definition in the dictionary to this Act applies to all Acts.
“(2) A definition in the dictionary to another Act applies to the entire Act
unless the Act provides for the definition to have a more limited
application.
“Examples
1
In an Act, the word w is defined in section 10, which is in Part 3 (General concepts).
There is also a signpost definition ‘w—see section 10.’ in the Act’s dictionary. There is
nothing in the Act indicating the intended application of the definition of w. The
definition, therefore, applies to the entire Act.
2
The dictionary to the ABC Act 1999 includes the signpost definition ‘x—see XYZ
Act 1998, section 3.’. There is nothing in the ABC Act 1999 indicating the intended
application of the definition of x. The definition of x in section 3 of the XYZ Act 1998,
therefore, applies to the entire ABC Act 1999.
3
In an Act, the word y is defined in section 30, which is not divided into subsections
and is in Part 4. Section 30 begins with the words ‘In this Part’. The definition of y
applies only to Part 4.
4
In an Act, the word z is defined in the dictionary. The definition provides, in part,
that ‘z, in Part 4 (Registration of vehicles), means ...’. The definition of z applies only to
Part 4.
“(3) A definition in a section of an Act applies only to the section unless
the Act provides for the definition to have a broader application.
“Examples
1
Subsection 8 (2) of this Act contains a definition of the notification day as a tagged
term. There is nothing in this Act indicating that the definition applies outside section 8.
The definition, therefore, applies only to section 8.
2
In an Act, the word a is defined in a section, which is not divided into subsections
but contains a number of definitions. The section begins with the words ‘In this Act’. The
definition of a applies to the entire Act.
3
In Part 6 of an Act, the word b is defined in a section, which is not divided into
subsections but contains a number of definitions. The section begins with the words ‘In
this Part’. The definition of b applies to Part 6.
4
In a subsection of a section of an Act, the word c is defined. The subsection begins
with the words ‘In subsection (3)’. The definition of c applies only to subsection (3) of
that section.
“11G Definitions apply subject to contrary intention
A definition in an Act applies except so far as the contrary intention
appears.
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SCHEDULE 3—continued
“11H Material that is part of an Act
“(1) A heading to a chapter, part, division, subdivision, schedule, or
another provision (other than a section or subsection), to or of an Act is part
of the Act.
“(2) A heading to a section or subsection of an Act is part of the Act if—
(a) the Act is enacted after 1 January 2000; or
(b) the heading is amended or inserted after 1 January 2000.
“(3) An example or diagram in an Act is part of the Act.
“(4) A schedule, dictionary or appendix to an Act is part of the Act.
“(5) Punctuation in an Act is part of the Act.
“(6) A provision number in an Act is part of the Act.
“12 Material that is not part of an Act
“(1) A footnote, endnote, or other note, in or to an Act is not part of the
Act.
“(2) A table of contents (however described), or reader’s guide, in or to
an Act is not part of the Act.
“(3) A heading to a section or subsection of an Act is not part of the Act
if subsection 11H (2) does not apply to the heading.
“(4) This section does not prevent the amendment of a note, table or
heading mentioned in subsection (1), (2) or (3).
“(5) However, such a note, table or guide does not become part of the
Act because it is amended or inserted by an Act.”.
Section 13—
Repeal the section, substitute the following section:
“13 Forms
“(1) If a form is prescribed or approved under an Act, substantial
compliance with the form is sufficient.
“(2) However, if a form prescribed or approved under an Act requires—
(a) the form to be prepared in a stated way (for example, on paper of
a stated size or quality or in a stated electronic form); or
(b) the form to be completed in a stated way; or
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SCHEDULE 3—continued
(c) stated information to be included in the form, or stated documents
to be attached to or given with the form; or
(d) the form, or information or documents included in, attached to or
given with the form, to be verified in a stated way;
the form is properly completed only if the requirement is complied with.
“(3) Despite subsection (2), if—
(a) a form prescribed or approved under an Act for a purpose or 2 or
more purposes requires information or a document to be included
in, attached to or given with the form; and
(b) the information or document is not reasonably necessary for the
purpose or 1 or more of the purposes;
the person need not comply with the requirement.
“Examples
1
A person need not comply with a requirement of a prescribed form to include
personal information (eg marital status) irrelevant to a purpose for which the form is
required.
2
A person need not comply with a requirement of an approved form that has some
relevance to a purpose for which the form is required, but intrudes to an
unreasonable extent on personal privacy.
“(4)
If—
(a) a form (form 1) may be prescribed or approved under an Act for a
purpose or 2 or more purposes; and
(b) another form (form 2) may be prescribed or approved under the
Act or another Act for the same or another purpose or purposes;
and
(c) separate forms 1 and 2 are prescribed or approved;
a combination form, consisting of forms 1 and 2, may be prescribed or
approved and used for the purpose or all of the purposes.
“(5) If, under an Act, a form is required or permitted to be filed with, or
served on, a person (whether the expression ‘file’, ‘lodge’, ‘deliver’, ‘give’,
‘notify’, ‘send’ or ‘serve’ or another expression is used), the form may be
filed with, or served on, someone else under arrangements made between
the persons.”.
Section 13A—
Omit “by or”.
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SCHEDULE 3—continued
Subsections 13B (1) and (2)—
Omit “, then, unless the contrary intention appears”.
Section 13D—
Omit “unless the contrary intention appears,”.
Sections 14, 14B, 15 and 17—
Repeal the sections, substitute the following sections:
“14
Reference to provisions of a law is inclusive
In an Act, a reference to any part of a law (including the Act) is a
reference to the following:
(a) the provision of the law that forms the beginning of the part;
(b) the provision of the law that forms the end of the part;
(c) any provision of the law between the beginning and end of the
part.
“Examples
1
2
A reference to ‘sections 5 to 9’ includes both section 5 and section 9.
A reference to ‘sections 260 to 264’ includes a provision such as a part heading
between section 260 and 261.
3
A reference to ‘from child to adult’ includes both the word ‘child’ and the word
‘adult’.
“15 References to persons generally
“(1) In an Act, a reference to a person generally includes a reference to a
corporation as well as an individual.
“(2) Subsection (1) is not displaced merely because there is an express
reference to either an individual or a corporation elsewhere in the Act.
“Examples of references to a person generally
1
another person
2
anyone else
3
party
4
someone else
5
employer
“Examples of express references to a corporation
1
body corporate
2
company
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SCHEDULE 3—continued
“Examples of express references to an individual
1
adult
2
child
3
spouse
4
driver
“16 Meaning of may and must
“(1) In an Act, the word may, or a similar word or expression, used in
relation to a power indicates that the power may be exercised or not
exercised, at discretion.
“(2) In an Act, the word must, or a similar word or expression, used in
relation to a power indicates that the power is required to be exercised.
“(3) This section applies despite any presumption or rule of
interpretation—
(a) to an Act enacted after 1 January 2000; or
(b) to a provision inserted into another Act after 1 January 2000.”.
Subsection 17A (1)—
Omit “then, unless the contrary intention appears,”.
Section 18—
Omit “then, unless the contrary intention appears,”.
Section 19—
Omit “, unless the contrary intention appears”.
Section 20—
Omit “unless the contrary intention appears,”.
Section 21—
Omit “, unless the contrary intention appears,” (wherever
occurring).
Section 22—
Omit “, unless the contrary intention appears,”.
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SCHEDULE 3—continued
New sections 23, 24 and 24A—
After section 22 insert the following sections:
“23
References to the Territory or this Territory
In an Act, a reference to the Territory or this Territory—
(a) when used in a geographical sense—is a reference to the
Australian Capital Territory; or
(b) in any other case—is a reference to the body politic established by
section 7 of the Self-Government Act.
“24 References to a Minister or the Minister
“(1) In an Act, a reference to a Minister is a reference to the Chief
Minister or a Minister appointed under section 41 of the Self-Government
Act.
“(2) In a provision of an Act, a reference to the Minister without
identifying the Minister’s title or portfolio is a reference to—
(a) the Minister for the time being administering the provision; or
(b) if, for the time being, different Ministers administer the provision
in relation to different matters—
(i) if only 1 Minister administers the provision in relation to
the relevant matter—the Minister; or
(ii) if 2 or more Ministers administer the provision in relation
to the relevant matter—any of the Ministers; or
(c) if paragraph (b) does not apply and, for the time being, 2 or more
Ministers administer the provision—any of the Ministers.
“(3) In subsection (2)—
Minister includes a Minister for the time being acting on behalf of a
Minister or 2 or more Ministers.
“(4) If an Act mentions a Minister and identifies the Minister merely by
reference to the fact that the Minister administers a stated Act or provision,
subsection (2) applies as if references in paragraphs (a) to (c) to the
provision were references to the stated Act or provision.
“(5) If an Act defines the expression Minister or the Minister for the Act
or a provision of the Act in a way that does not identify a particular
Minister by title or portfolio, subsections (2) and (4) apply to the Act or
provision despite that definition of the expression.
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SCHEDULE 3—continued
“24A References to a chief executive or the chief executive
“(1) In an Act, a reference to a chief executive is a reference to a person
employed under section 28 or 30 of the Public Sector Management Act to
perform the duties of an office of chief executive.
“(2) In a provision of an Act, a reference to the chief executive without
identifying the chief executive’s title is a reference to—
(a) the chief executive of the administrative unit responsible for the
provision; or
(b) if, for the time being, different administrative units are responsible
for the provision in relation to different matters—
(i) if only 1 administrative unit is responsible for the provision
in relation to the relevant matter—the chief executive of the
administrative unit; or
(ii) if 2 or more administrative units are responsible for the
provision in relation to the relevant matter—the chief
executive of any of the administrative units; or
(c) if paragraph (b) does not apply and, for the time being, 2 or more
administrative units are responsible for the provision—the chief
executive of any of the administrative units.
“(3) If an Act mentions a chief executive and identifies the chief
executive merely by reference to the fact that the chief executive is the
chief executive of the administrative unit responsible for a stated Act or
provision, subsection (2) applies as if references in paragraphs (a) to (c) to
the provision were references to the stated Act or provision.
“(4) If an Act defines the expression chief executive or the chief
executive for the Act or a provision of the Act in a way that does not
identify a particular chief executive by title, subsections (2) and (3) apply to
the Act or provision despite that definition of the expression.
“(5) In this section—
chief executive, of an administrative unit, means the person who is
employed under section 28 or 30 of the Public Sector
Management Act to perform the duties of the office of chief
executive in the administrative unit.
Public Sector Management Act means the Public Sector Management
Act 1994.
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SCHEDULE 3—continued
responsible, for a provision, means allocated responsibility for the
provision under paragraph 14 (b) of the Public Sector
Management Act.”.
Subsections 25 (1), (2) and (3)—
Omit “, unless the contrary intention appears,”.
New sections 25AA and 25AB—
After section 25 insert the following sections:
“25AA References to Assembly committees that no longer exist
In an Act, a reference (whether by name or description) to a
committee of the Legislative Assembly that no longer exists is a reference
to the committee of the Assembly nominated by the Speaker either
generally or for the provision containing the reference.
“25AB References to Australian Standards
In an Act, a reference consisting of the words ‘Australian Standard’
followed by a number is a reference to the standard so numbered published
by or on behalf of the Standards Australia.”.
Heading to Division 3 of Part III—
Omit the heading, substitute the following heading:
“Division 3—Functions and powers under Acts”.
Section 26—
Repeal the section, substitute the following sections:
“26 Performance of statutory functions etc
“(1) If an Act gives a function or power to an entity, the function may be
performed, or the power may be exercised, from time to time.
“(2) If an Act gives a function or power to the holder of a stated office,
the function may be performed, or the power may be exercised, by the
person for the time being occupying or acting in the office.
“(3) If an Act gives a function or power to a body (whether or not
incorporated), the performance of the function, or the exercise of the power,
is not affected merely because of vacancies in the body’s membership.
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SCHEDULE 3—continued
“26A Power to make instrument or decision includes power to amend
or repeal
“(1) If an Act authorises or requires the making of an instrument or
decision—
(a) the power includes power to amend or repeal the instrument or
decision; and
(b) the power to amend or repeal the instrument or decision is
exercisable in the same way, and subject to the same conditions,
as the power to make the instrument or decision.
“(2) For subsection (1), an Act is taken to authorise or require the
making of an instrument if—
(a) the Act authorises or requires something to be done; and
(b) it can be done by instrument.”.
Subsection 27 (1)—
Omit the subsection.
Subsection 28 (1)—
Omit “, unless the contrary intention appears,” (wherever
occurring).
Subsection 28 (2)—
Omit “, unless the contrary intention appears,”.
Section 29A—
Omit “then, unless the contrary intention appears,”.
Section 30—
Omit “in pursuance of any”, substitute “under a”.
Subsection 30A (1) (definition of periodic report)—
Omit “pursuant to”, substitute “under”.
Paragraph 30A (6) (a)—
Omit “pursuant to”, substitute “under”.
Section 31—
Omit “, unless the contrary intention appears,”.
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No 66, 1999
SCHEDULE 3—continued
Heading to Division 4 of Part 3—
Add at the end “, offences and penalties”.
Subparagraph 31A (a) (ii)—
Omit “Constitution” , substitute “Commonwealth Constitution”.
Subsection 32 (1)—
(a) Omit “, unless the contrary intention appears,”.
(b) Omit “bodies corporate”, substitute “corporations”.
(c) Omit “individual persons”, substitute “individuals”.
(d) Omit “body corporate”, substitute “corporation”.
Subsection 32 (2)—
Omit “body
“corporation”.
corporate”
(wherever
occurring),
substitute
Section 33AA—
Repeal the section, substitute the following section:
“33AA Meaning of penalty unit etc
In an Act, if a penalty for an offence is expressed as a number
(whether whole or fractional) of penalty units—
(a) the penalty is a fine of that number of penalty units; and
(b) the value of the penalty unit for the offence is—
(i) if the person charged is an individual—$100; or
(ii) if the person charged is a corporation—$500.
“Example
‘Maximum penalty: 10 penalty units.’ means that a person who is convicted of the
relevant offence is liable to a maximum fine of 10 penalty units. If the person is an
individual, the maximum fine is, therefore, $1,000 ($100x10). If the person is a
corporation, the maximum fine is, therefore, $5,000 ($500x10).
“Note Section 63 is a transitional provision applying to Acts and republications that
predate this section.”.
Subsection 33B (1)—
(a) Omit “by or”.
(b) Omit “unless the contrary intention appears,”.
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SCHEDULE 3—continued
Sections 33D and 33E—
Omit “, unless the contrary intention appears,”.
Subsection 33F (1)—
Omit “, unless the contrary intention appears,”.
Subsection 33G (2)—
Omit the subsection.
Section 34—
Omit “in pursuance of an Act, then, unless the contrary intention
appears”, substitute “under an Act”.
Section 35—
Omit “, unless the contrary intention appears,”.
Subsection 36 (1)—
Omit “, unless the contrary intention appears,”.
Division 6 of Part 3—
Repeal the Division, substitute the following divisions in Part 3:
“Division 6—Repeal, expiry, amendment and modification of Acts
“37
Definitions for Div 6
In this Division—
Act includes a provision of an Act.
amend includes modify.
repeal includes expiry.
“38
When repeal or expiry takes effect
If an Act is repealed or expires on a day, the Act continues in force
until the end of the day and the repeal or expiry takes effect at midnight on
the day.
“39
Repealed and amended Acts not revived on repeal of repealing
and amending Acts
“(1) If an Act (the first Act) is repealed by another Act (the other Act),
the first Act is not revived merely because the other Act is repealed.
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SCHEDULE 3—continued
“Examples
1
Act A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B.
2
Act A repeals Act B. Act A is automatically repealed under section 43 of this Act.
The repeal of Act A does not revive Act B.
“(2) If an Act (the first Act) is amended by another Act (the other Act),
the continuing operation of the amendments made by the other Act is not
affected merely because the other Act is repealed and, in particular, the
first Act is not revived in the form in which it was in before the
amendments took effect merely because of the repeal.
“Examples
1
Act A amends Act B. Act A is repealed after it has commenced by a later Act C. The
amendments made by Act A continue to operate, even though Act A has been
repealed.
2
Act A amends Act B. Act A is automatically repealed under section 43 of this Act.
The amendments made by Act A continue to operate, even though Act A has been
repealed.
“(3) This section is in addition to, and does not limit, any other provision
of this Division or any provision of the Act by which the repeal is made.
“40
Commencement not undone if omitted
If a provision of an Act provides for the commencement of the Act
and the Act has commenced, the later omission of the provision does not
affect the continuing operation of the Act.
“41
“(1)
Saving of operation of repealed Acts etc
The repeal or amendment of an Act does not—
(a) revive anything not in force or existing when the repeal or
amendment takes effect; or
(b) affect the previous operation of the Act or anything done, begun
or suffered under the Act; or
(c) affect a right, privilege or liability acquired, accrued or incurred
under the Act; or
(d) affect a penalty or forfeiture incurred for an offence against the
Act; or
(e) affect an investigation, proceeding or remedy in relation to a right,
privilege, liability, penalty or forfeiture mentioned in
paragraph (c) or (d).
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SCHEDULE 3—continued
“(2) The investigation, proceeding or remedy may be begun, continued
or completed, and the right, privilege, liability or forfeiture may be
enforced and the penalty imposed, as if the repeal or amendment had not
happened.
“(3) Without limiting subsections (1) and (2), the repeal or amendment
of an Act does not affect—
(a) the proof of anything that has happened; or
(b) any right, privilege or liability saved by the Act; or
(c) any repeal or amendment made by the Act; or
(d) any transitional or validating effect of the Act.
“(4) This section is in addition to, and does not limit, any other provision
of this Division or any provision of the Act by which the repeal or
amendment is made.
“42
“(1)
Repeal does not end transitional or validating effect etc
If an Act—
(a) declares something for a transitional purpose (whether or not the
Act is expressed to be made for that purpose); or
(b) validates something that is or may otherwise be invalid; or
(c) declares something for a purpose that is consequential on a
declaration mentioned in paragraph (a) or a validation mentioned
in paragraph (b) (whether or not the Act is expressed to be made
for a purpose of that kind);
the declaratory or validating effect of the Act does not end merely because
of the repeal of the Act.
“Example of paragraph (a)
A provision stating that an existing licence under a repealed Act is taken to be a licence of
a particular kind under another Act and authorising the imposition of conditions under the
other Act.
“Example of paragraph (b)
A provision declaring an instrument to have been validly made and acts done in reliance
on the instrument to have been validly done.
“Example of paragraph (c)
A provision stating that an instrument that is declared valid is taken to have been amended
in a particular way.
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SCHEDULE 3—continued
“(2) If an Act (the savings law) declares an Act (the declared law) to be
an Act to which this section applies—
(a) the effect of the declared law does not end merely because of its
repeal; and
(b) the effect of the savings law does not end merely because of its
repeal.
“(3) A declaration may be made for subsection (2) about an Act whether
or not the Act is a law to which subsection (1) applies.
“(4) A declaration made for subsection (2) about an Act does not imply
that, in the absence of a declaration about it, another Act is not a law to
which this section applies.
“(5) This section is in addition to, and does not limit, any other provision
of this Division or any provision of the Act by which the repeal is made.
“43 Automatic repeal of amending Acts
“(1) An amending Act enacted after 1 January 2000 is automatically
repealed on the day after all of its provisions have commenced.
“(2) A repeal under subsection (1) has effect for all purposes, including,
for example, any other provisions of this Act about repeals.
“(3) This section is in addition to, and does not limit the operation of any
other provision of this Division.
“(4) In this section—
amending Act means an Act that consists only of provisions of the
following kinds:
(a) the Act’s long title;
(b) the Act’s preamble (if any);
(c) a provision about the Act’s name;
(d) a provision about the Act’s commencement;
(e) a provision about the purposes of the Act or any of its
provisions;
(f) a provision providing for the amendment or repeal of an
Act or instrument (including a provision identifying the
amended or repealed Act or instrument);
(g) a provision declaring an Act to be an Act to which
section 42 applies;
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SCHEDULE 3—continued
(h)
(i)
a provision about the renumbering of an Act or instrument;
a provision authorising or requiring something to be done
under the Legislation (Republication) Act 1996.
“Example 1
The Hypothetical Amending Act 2000 repeals and amends a number of Acts. The Act
contains the following provisions:
• a long title
• a provision about the Act’s name
• a provision about the Act’s commencement
• repealing provisions (that is, a provision stating that the Act repeals the Acts mentioned
in Schedule 1 and a schedule (Schedule 1) setting out the names of the repealed Acts)
• amending provisions (that is, a provision stating that the Act amends the Acts mentioned
in Schedule 2 and a schedule (Schedule 2) setting out the amended Acts and the
amendments made to them)
• a provision about the application of section 42 of this Act to a provision being repealed
• a provision requiring an amended Act (the XYZ Act 1990) to be renumbered under the
Legislation (Republication) Act 1996 in the next republication of the XYZ Act 1990.
The Act contains no other provisions. Its repealing provisions, and its other provisions
apart from the amending provisions, commence on the date of notification, 21 March
2000. Its amending provisions commence on a date fixed by the Minister by notice in the
Gazette, 12 April 2000. Under subsection (1), the Hypothetical Amending Act 2000 is
automatically repealed on 13 April 2000.
“Example 2
The Example Act 2000 contains provisions establishing a new licensing scheme. It also
amends several Acts and repeals others. Because it contains the scheme provisions, it is
not an amending Act covered by subsection (1).
“44
Act and amending Acts to be read as one
An Act and all Acts amending it are to be read as one.
“45
Insertion of definitions by amending Act
If an Act amends a provision of another Act by inserting a definition
that is to form part of a series of definitions, and does not specify where it
is to be inserted in the provision, the definition is to be inserted in the
appropriate alphabetical position decided on a letter-by-letter basis.
“46
Amendment to be made wherever possible
If an Act amends another Act—
(a) by omitting a word; or
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SCHEDULE 3—continued
(b) by substituting a word for another word; or
(c) by inserting a word before or after a particular word;
the amendment is to be made wherever possible in the other Act.
“47
Continuance of appointments etc made under amended
provisions
“(1) This section applies if—
(a) an Act expressly or impliedly authorises or requires—
(i) the making of an appointment or statutory instrument; or
(ii) the delegation of a power or function; or
(iii) the doing of anything else; and
(b) the Act is amended by another Act; and
(c) under the amended Act—
(i) the appointment or statutory instrument may be made; or
(ii) the power or function may be delegated; or
(iii) the thing may be done.
“(2) An appointment, statutory instrument, delegation or other thing
mentioned in subsection (1) that was in force immediately before the
commencement of the amendment continues to have effect after the
commencement as if it had been made or done under the amended Act.
“(3) In this section—
amend includes omit and re-enact in the same Act (with or without
changes), but does not include omit and re-enact in another Act.
“48
“(1)
Status of modifications
In this section—
law means an Act or subordinate law.
“(2) If a law is modified by another law, the law operates as modified but
the modification does not amend the text of the law.
“49 Relocated provisions
“(1) This section applies if a provision of an Act is relocated (with or
without changes) to a different place in the same Act or to a different Act.
“(2) The operation or meaning of the provision is not affected merely
because of the provision’s relocation.
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SCHEDULE 3—continued
“(3) Without limiting subsection (2), if before its relocation the provision
was to be interpreted in a particular way, it is to be so interpreted in its new
location.
“Example
If a provision of an Act is to be interpreted as if it were an Act consolidating the provisions
of another law or laws and it is relocated into another Act, it is to be interpreted in the
same way in its new location.
“(4)
However, the provision has effect subject to any changes made to it.
“Division 7—References to Acts
“50
“(1)
References to Acts generally
Every Act may be referred to by the word Act alone.
“Example
A former New South Wales Act that applies in the ACT may be referred to using its NSW
short title, eg ‘Truck Act 1900’. In other words, it is not necessary to add words such as
‘of the State of New South Wales in its application in the Territory’.
“(2) In an Act, a reference to an Act includes a reference to the Act that
contains the reference.
“51
“(1)
Citation of particular Acts
An Act may be cited—
(a) by its short title or other name; or
(b) by reference to the year when it was enacted and its number.
“(2) A Commonwealth Act may be cited—
(a) by its short title or other name; or
(b) in another way sufficient in a Commonwealth Act for the citation
of a Commonwealth Act;
together with a reference to the Commonwealth (or an abbreviation of the
Commonwealth).
“(3) An Act or ordinance of a State or another Territory may be cited—
(a) by its short title or other name; or
(b) in another way sufficient in an Act or ordinance of the State or
other Territory for the citation of such an Act or ordinance;
together with (unless it is a continued NSW Act) a reference to the State or
other Territory (or an abbreviation of it).
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SCHEDULE 3—continued
“(4)
A UK Act may be cited—
(a) by its short title or other name; or
(b) in another way sufficient in a UK Act for the citation of a UK Act;
together with (unless it is a continued UK Act) a reference to the United
Kingdom (or an abbreviation of the United Kingdom).
“52
“(1)
Citation of statutory instruments
A statutory instrument may be cited—
(a) by its citation or other name; or
(b) by reference to—
(i) for an instrument that has been published or notified in the
Gazette—the number, date and page or pages of the
Gazette in which it was published or notified; or
(ii) for any other instrument—the date when it was made,
together with a reference to the Act or statutory instrument
under which it was made.
“(2) An instrument made under a Commonwealth Act, or under an
instrument made under a Commonwealth Act, may be cited—
(a) by its citation or other name; or
(b) in another way sufficient in a Commonwealth Act for the citation
of such an instrument;
together with a reference to the Commonwealth (or an abbreviation of the
Commonwealth).
“(3) An instrument made under an Act or ordinance of a State or another
Territory, or under an instrument made under such an Act or ordinance,
may be cited—
(a) by its citation or other name; or
(b) in another way sufficient in an Act or ordinance of the State or
other Territory for the citation of such an instrument;
together with (unless it is a New South Wales instrument applying in the
Territory) a reference to the State or other Territory (or an abbreviation of
it).
“(4) An instrument made under a UK Act, or under an instrument made
under a UK Act, may be cited—
(a) by its citation or other name; or
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SCHEDULE 3—continued
(b) in another way sufficient in a UK Act for the citation of such an
instrument;
together with (unless it is a UK instrument applying in the Territory) a
reference to the United Kingdom (or an abbreviation of the United
Kingdom).
“53 References to provisions of laws
“(1) A provision of a law or instrument may, if appropriate, be cited by
reference to the provision of the law or instrument in which it is contained.
“Example
Paragraph (b) in subsection (2) of section 10 of an Act may be cited by reference to the
section and subsection, that is, as paragraph 10 (2) (b).
“(2)
In this section—
instrument means an instrument (other than a law) made under a law.
law means—
(a) an Act or subordinate law; or
(b) a law of the Commonwealth, a State or another Territory.
“54
References taken to be included in citation of a law or
instrument
“(1) In an Act, a reference to a law (including the Act) or instrument
includes a reference to the following:
(a) the law or instrument as originally made, and as amended from
time to time since it was originally made;
(b) if the law or instrument has been repealed and remade (with or
without change) since the reference was made—the law or
instrument as remade, and as amended from time to time since it
was remade;
(c) if a relevant provision of the law or instrument has been omitted
and remade (with or without change) in another law or instrument
since the reference was made—the other law or instrument as in
force when the provision was remade, and as amended from time
to time since the provision was remade.
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SCHEDULE 3—continued
“(2) In an Act or instrument, a reference to a provision of a law
(including the Act) or of an instrument (including the instrument) includes
a reference to the following:
(a) the provision as originally made, and as amended from time to
time since it was originally made;
(b) if the provision has been omitted and remade (with or without
change and whether in the law or instrument or another law or
instrument) since the reference was made—the provision as
remade, and as amended from time to time since it was remade.
“(3) In this section—
instrument means an instrument (other than a law) made under a law.
law means—
(a) an Act or subordinate law; or
(b) a law of the Commonwealth, a State or another Territory.
make includes enact.
“55 References to changed short titles, citations and other names
“(1) If the short title, citation or other name of an Act or instrument is
changed, a reference in an Act to the name includes a reference to the name
as amended.
“(2) In this section—
instrument means an instrument (other than a law) made under a law.
law means—
(a) an Act or subordinate law; or
(b) a law of the Commonwealth, a State or another Territory.”.
Part 4—
Repeal the Part, substitute the following parts, schedules and
dictionary:
“PART 4—FORMER NSW ACTS
“56
Interpretation of former NSW Acts
The purpose of this Part is to assist in the interpretation of former
NSW Acts.
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SCHEDULE 3—continued
“57
Certain references in former NSW Acts
A reference in a former NSW Act to something in column 2 of the
following table is a reference to the person or thing set out opposite in
column 3 of the table.
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SCHEDULE 3—continued
Table of references
column 1
column 2
column 3
item
reference in former NSW Act
meaning of reference
1
Act
NSW Act
2
Government Printer (in relation to
instruments and documents printed
before 1 January 1911)
Government Printer of New South Wales
3
Government Gazette
Gazette
4
British subject
an Australian citizen, or any other person
who would, if Part 2 of the Australian
Citizenship Act 1948 (Cwlth) (and the
regulations made under that Act for the
Part) had continued in force after
30 April 1987, have been a person who
has the status of a British subject under
that Part
5
Deputy Commissioner of Police
chief police officer
6
officer of police or member of a
police force
police officer
7
member of a police force holding a
stated rank that does not exist as a
rank in the Australian Federal Police
police officer holding a rank that is
declared by regulations under the
Australian Federal Police Act 1979
(Cwlth) to be the equivalent of the stated
rank
8
Registrar of Titles
the registrar-general in the performance
of functions, or exercise of powers, under
the Land Titles Act 1925 or the
Registration of Deeds Act 1957
“PART 5—FORMER UK ACTS
“58 Interpretation of former UK Acts
“(1) The purpose of this Part is to assist in the interpretation of former
UK Acts.
“(2) Except as provided in sections 60 and 61, Schedule 2 applies to all
former UK Acts according to its terms.
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SCHEDULE 3—continued
“(3) If a provision of Schedule 2 is inconsistent with another provision of
this Act (except section 3), the provision of Schedule 2 prevails to the
extent of the inconsistency.
“(4) Without limiting subsection (3), if a provision of Schedule 2 dealing
with a matter does not apply to all former UK Acts and another provision of
this Act also deals with the matter (whether or not in the same way), then,
for that subsection, the provision of Schedule 2 is taken to be intended to
deal exclusively with the matter.
“Example
Clause 12 of the Schedule, which deals with the measurement of distance, applies only to
former UK Acts passed after 1889. Section 35 makes similar provision for measurement
of distance for all Acts. Section 35 does not apply to former UK Acts passed during or
before 1889.
“59
Provisions applying to all former UK Acts
If the words ‘all former UK Acts’ are set out at the end of a
provision of Schedule 2, the provision applies to all former UK Acts.
“60
Provisions applying to former UK Acts passed after a stated
year or date
If a year or a date is set out at the end of a provision of Schedule 2,
the provision applies to former UK Acts passed after the year, or on or after
the date.
“61 Stated provisions applying to former UK Acts
“(1) If a reference to subsection (2), (3) or (4) is set out at the end of a
provision of Schedule 2, the provision applies to former UK Acts as set out
in the subsection.
“(2) Clause 10 of Schedule 2 applies—
(a) to former UK Acts passed before 1851 only in relation to offences
punishable on indictment or summary conviction; and
(b) to former UK Acts passed after 1850.
“(3) Clause 13 of Schedule 2 applies to all former UK Acts, but only so
far as they relate to subordinate legislation made after 1889.
“(4) Clause 15 of Schedule 2 applies to all former UK Acts passed after
1889 so far as they relate to rules, regulations and by-laws.
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SCHEDULE 3—continued
“62
Words at end of provision of Schedule 2 do not form part of the
provision
The words ‘all former UK Acts’, a year, date or reference to a
subsection of section 61 set out at the end of a provision of Schedule 2 is
set out for the application of this Part and does not form part of the
provision.
“PART 6—TRANSITIONAL
“63
“(1)
Transitional provisions about penalties
This section applies only to—
(a) an Act (other than a republication of the Act) notified in the
Gazette before the commencement day; or
(b) a republication of an Act republished as in force on a date
(however expressed) before the commencement day.
“(2) In an Act, if a penalty for an offence is expressed to apply to a body
corporate or corporation—
(a) the penalty applies to any corporation; and
(b) the value of a penalty unit for the offence is $100, even though the
person charged is a body corporate or another corporation.
“(3) If a provision of an Act authorises the regulations under the Act to
prescribe offences and expressly limits the penalty (or maximum penalty)
that may be prescribed for such an offence when committed by a body
corporate or corporation—
(a) such a penalty may be prescribed for such an offence when
committed by any corporation; and
(b) a penalty prescribed under the regulations that would, apart from
this subsection, apply only to a body corporate applies to any
corporation; and
(c) the value of a penalty unit for the offence is $100, whether the
person charged is an individual or a body corporate or another
corporation.
“(4) Paragraph 33AA (b) is subject to this section.
“(5) In this section—
commencement day means the day when this section commences.
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SCHEDULE 3—continued
republication, of an Act, means a republication of an Act to which the
Legislation (Republication) Act 1996 applies.
“64
References to Standards Association of Australia
In an Act, a reference to the Standards Association of Australia is,
in relation to anything done or to be done on or after 1 July 1999, a
reference to Standards Australia.
“65
Certain NSW and UK Acts taken to be Acts of the Legislative
Assembly
“(1) An Act mentioned in column 2 of Schedule 1, to the extent that the
Act was in force in the Territory immediately before the commencement of
this section, is taken to be, for all purposes, a law made by the Legislative
Assembly as if it had been enacted by the Assembly.
“(2) To remove any doubt, the provisions in a Part in Schedule 2 to the
Imperial Acts (Substituted Provisions) Act 1986, to the extent that those
provisions were in force in the Territory immediately before the
commencement of this section and are located to another Act by the Law
Reform (Miscellaneous Provisions) Act 1999, are taken to be, for all
purposes, a law made by the Legislative Assembly as if it had been enacted
by the Assembly.
“(3) This section is a provision to which section 42 of this Act applies.
“(4) This section expires 1 year after it commences.
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SCHEDULE 3—continued
SCHEDULE 1
(See s 7A)
ACTS INCLUDED IN SOURCES OF LAW OF THE TERRITORY
PART 1—FORMER NSW AND UK ACTS TREATED
AS ACTS OF THE LEGISLATIVE ASSEMBLY
column 1
column 2
column 3
item
citation (if provided by the Act) or
subject matter
year (if not provided in the citation),
number or date of royal assent and
original jurisdiction
1
Magna Carta
(1297) 25 Edw. 1, c 29 (UK)
2
Due process of law
(1351) 25 Edw. 3, St. 5 c 4 (UK)
3
Due process of law
(1354) 28 Edw. 3 c 3 (UK)
4
Due process of law
(1368) 42 Edw. 3 c 3 (UK)
5
Free access to courts
(1400) 2 Hen. 4 c 1 (UK)
6
Offences at sea
(1536) 28 Hen. 8 c 15 (UK)
7
Demise of the Crown
(1547) 1 Edw. 6 c 7 (UK)
8
Actions for trespass or slander
(1623) 21 Jas. 1 c 16 (UK)
9
The Petition of Right
(1627) 3 Chas. 1 c 1 (UK)
10
The Bill of Rights
(1688) 1 Will. and Mary,
Sess. 2 c 2 (UK)
11
Piracy
(1698) 11 Will. 3 c 7 (UK)
12
The Act of Settlement
(1700) 12 and 13 Will. 3 c 2 (UK)
13
Legal proceedings not affected by
demise of Crown
(1702) 1 Anne c 2 (UK)
14
Use of Crown seals not affected by
demise of Crown
(1707) 6 Anne c 41 (UK)
15
Piracy
(1717) 4 Geo. 1 c 11 (UK)
16
Piracy
(1721) 8 Geo. 1 c 24 (UK)
17
Set-off of debts
(1729) 2 Geo. 2 c 22 (UK)
18
Set-off of debts
(1735) 8 Geo. 2 c 24 (UK)
19
Piracy
(1744) 18 Geo. 2 c 30 (UK)
20
Royal Marriages Act 1772
12 Geo. 3 c 11 (UK)
21
Slave Trade Act 1824
5 Geo. 4 c 113 (UK)
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SCHEDULE 3—continued
column 1
column 2
column 3
item
citation (if provided by the Act) or
subject matter
year (if not provided in the citation),
number or date of royal assent and
original jurisdiction
22
Australian Courts Act 1828
9 Geo. 4 c 83 (UK)
23
Slavery Abolition Act 1833
3 and 4 Will. 4 c 73 (UK)
24
Slave Trade Act 1843
(1843) 6 and 7 Vic. c 98 (UK)
25
Foreign Tribunals Evidence Act 1856
19 and 20 Vic. c 113 (UK)
26
Evidence by Commission Act 1859
22 Vic. c 20 (UK)
27
British Law Ascertainment Act 1859
22 and 23 Vic. c 63 (UK)
28
Colonial Laws Validity Act 1865
28 and 29 Vic. c 63 (UK)
29
Slave Trade Act 1873
36 and 37 Vic. c 88 (UK)
30
Courts (Colonial) Jurisdiction Act
1874
37 and 38 Vic. c 27 (UK)
31
Public Instruction Act 1880
43 Vic. No 23 (NSW)
32
Evidence by Commission Act 1885
48 and 49 Vic. c 74 (UK)
33
Colonial Courts of Admiralty Act
1890
53 and 54 Vic. c 27 (UK)
34
Merchant Shipping Act 1894
57 and 58 Vic. c 60 (UK)
35
Contractors’ Debts Act 1897
1897 No 29 (NSW)
36
Conveyancing and Law of Property
Act 1898
1898 No 17 (NSW)
37
Landlord and Tenant Act 1899
1899 No 18 (NSW)
38
Partition Act 1900
1900 No 24 (NSW)
39
Inebriates Act 1900
1900 No 32 (NSW)
40
Truck Act 1900
1900 No 55 (NSW)
41
Judgment Creditors’ Remedies Act
1901
1901 No 8 (NSW)
42
Defamation Act 1901
1901 No 22 (NSW)
43
Conveyancing and Law of Property
(Supplemental) Act 1901
1901 No 37 (NSW)
44
Forfeiture of Leases Act 1901
1901 No 66 (NSW)
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SCHEDULE 3—continued
column 1
column 2
column 3
item
citation (if provided by the Act) or
subject matter
year (if not provided in the citation),
number or date of royal assent and
original jurisdiction
45
Games Wagers and Betting-houses
Act 1901
1902 No 18 (NSW)
46
Demise of the Crown Act 1901
1 Edw. 7 c 5 (UK)
47
Arrest on Mesne Process Act 1902
1902 No 24 (NSW)
48
Dedication by User Limitation Act
1902
1902 No 46 (NSW)
49
Common Carriers Act 1902
1902 No 48 (NSW)
50
Innkeepers’ Liability Act 1902
1902 No 64 (NSW)
51
Pawnbrokers Act 1902
1902 No 66 (NSW)
52
Piracy Punishment Act 1902
1902 No 69 (NSW)
53
Public Roads Act 1902
1902 No 95 (NSW)
54
Anglican Church of
Constitutions Act 1902
55
Fertilizers Act 1904
1904 No 33 (NSW)
56
Apportionment Act 1905
1905 No 2 (NSW)
57
Forfeiture and Validation of Leases
Act 1905
1905 No 8 (NSW)
58
Free Education Act 1906
1906 No 12 (NSW)
59
Gaming and Betting Act 1906
1906 No 13 (NSW)
60
Second-hand Dealers and Collectors
Act 1906
1906 No 30 (NSW)
61
Inebriates (Amendment) Act 1909
1909 No 2 (NSW)
62
Defamation (Amendment) Act 1909
1909 No 22 (NSW)
Australia
24 December 1902 (NSW)
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SCHEDULE 3—continued
PART 2—NSW ACTS APPLIED BY ACTS OF THE TERRITORY AND
TREATED AS ACTS OF THE LEGISLATIVE ASSEMBLY
column 1
column 2
column 3
item
citation of NSW Act
Act of the Territory by which
previously applied
1
Scaffolding and Lifts Act 1912
Scaffolding and Lifts Act 1957
2
Anglican Church of Australia Trust
Property Act 1917
Anglican Church of Australia Trust
Property Act 1928
3
Conveyancing Act 1919
(a) Conveyancing Act 1951
(b) Law of Property (Miscellaneous
Provisions) Act 1958
(c) Trustee Act 1957
4
Trustee Act 1925
5
Anglican Church of
Constitution Act 1961
6
Dangerous Goods Act 1975
Trustee Act 1957
Australia
Anglican Church of Australia Trust
Property Act 1928
Dangerous Goods Act 1984
“Note The written law of the Territory also includes the following Acts that may not be
amended or repealed by the Assembly (see the Self-Government Act, s 34):
Life, Fire and Marine Insurance Act 1902 (NSW)
Demise of the Crown Act 1760 (UK)
Naval Prize Act 1864 (UK)
Naval Prize (Procedure) Act 1916 (UK)
Prize Act (1939) (UK)
Prize Courts Act 1894 (UK)
Prize Courts Act 1915 (UK)
Prize Courts (Procedure) Act 1914 (UK)
Territorial Waters Jurisdiction Act 1878 (UK).
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SCHEDULE 3—continued
SCHEDULE 2
(See Pt 5)
RULES FOR INTERPRETING FORMER UK ACTS
“PART 1—PRELIMINARY
“1
Meaning of subordinate legislation in Sch 2
In this Schedule—
subordinate legislation means orders in council, orders, rules,
regulations, schemes, warrants, by-laws and other instruments
made under an Act.
“2
References to an Act in Sch 2
In a provision of this Schedule, a reference to an Act is a reference
to an Act to which the provision applies, but this clause does not apply to
references to enactments or to other Acts mentioned in subclause 19 (2).
“PART 2—GENERAL PROVISIONS ABOUT ENACTMENT AND
OPERATION
“3
Words of enactment
Every section of a former UK Act takes effect as a substantive
enactment without introductory words. (1850)
“4
Judicial notice
Every former UK Act is a public Act to be judicially noticed as
such. (all former UK Acts)
“5
Time of commencement
A former UK Act, or provision of a former UK Act, is taken to have
come into force—
(a) if provision was made for it to come into force on a particular
day—at the beginning of the day; or (1889)
(b) if no provision was made for its coming into force—at the
beginning of the day the Act received the royal assent. (1889)
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SCHEDULE 3—continued
“PART 3—INTERPRETATION
“6
“(1)
Definitions
In a former UK Act—
Bank of England means, as the context requires, the Governor and
Company of the Bank of England or the bank of the Governor and
Company of the Bank of England. (all former UK Acts)
British Islands means—
(a) in a former UK Act passed after the year 1889 and before
the establishment of the Irish Free State—the United
Kingdom, the Channel Islands and the Isle of Man; and
(b) in a former UK Act passed after the establishment of the
Irish Free State—the United Kingdom, the Channel
Islands, the Isle of Man and the Republic of Ireland.
British possession means any part of the dominions of the Crown
outside the United Kingdom. (1889)
British subject means—
(a) an Australian citizen; or
(b) any other person who because of his or her citizenship of
another country would, if Part 2 of the Australian
Citizenship Act 1948 (Cwlth) (and the regulations made
under that Act for the Part) had continued in force after
30 April 1987, have been a person who has the status of a
British subject under that Part. (all former UK Acts)
colonial legislature and legislature, of a British possession, mean the
authority, other than the United Kingdom Parliament or the
Crown in Council, competent to make laws for the possession.
(1889)
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colony means any part of the dominions of the Crown outside the
British Islands and, in a former UK Act passed in or after 1889
(the first Act), includes any part of those dominions that has, after
the passing of the first Act, ceased, under a provision of a later
UK Act, to be a colony, but only in the application of the first Act
before the commencement of the provision of the later Act, but
does not include—
(a) countries having fully responsible status within the
Commonwealth of Nations; and
(b) associated states. (1889)
commencement, for a former UK Act or enactment of such an Act,
means the time when the Act or enactment comes into force. (all
former UK Acts)
Commonwealth citizen means a person other than a British subject
who would, if Part 2 the Australian Citizenship Act 1948 (Cwlth)
(and regulations made under that Act for the Part) had continued
in force after 30 April 1987, have been a person who has the
status of a British subject under that Part. (all former UK Acts)
Comptroller and Auditor-General means the Comptroller-General of
the receipt and issue of the Crown’s Exchequer and AuditorGeneral of Public Accounts appointed under the Imperial
Exchequer and Audit Departments Act 1866 (UK). (all former
UK Acts)
consular officer has the same meaning as in article 1 of the Vienna
Convention set out in the Schedule to the Consular Privileges and
Immunities Act 1972 (Cwlth). (all former UK Acts)
Governor-General, of a British possession, includes any person who
for the time being has the powers of the Governor-General of the
possession. (1889)
Governor, of a British possession, includes the officer for the time
being administering the government of the possession. (1889)
land includes messuages, tenements and hereditaments, and houses and
buildings, of any tenure. (1850)
legislature—see colonial legislature. (1889)
Lord Chancellor means the Lord High Chancellor of Great Britain.
(all former UK Acts)
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month means calendar month. (1850)
person includes—
(a) in relation to a provision of a former UK Act whenever
passed, about an offence punishable on indictment or
summary conviction—a corporation; and
(b) in relation to a provision of a former UK Act passed in or
after 1889—a body of persons whether incorporated or
unincorporated.
Privy Council means the Lords and others of the Crown’s Most
Honourable Privy Council. (all former UK Acts)
rules of court, in relation to a court, means rules made by the authority
having power to make rules or orders regulating the practice and
procedure of the court. (1889)
Secretary of State means a Principal Secretary of State of the Crown.
(all former UK Acts)
statutory declaration includes a declaration made under a law of a
State, Territory or foreign country that authorises a declaration to
be made otherwise than in the course of a legal proceeding. (all
former UK Acts)
United Kingdom means Great Britain and Northern Ireland. (12 April
1927)
“7
References to courts
In a former UK Act, a reference to any court other than a court of
summary jurisdiction is a reference to the Supreme Court. (all former UK
Acts)
“8
Dominions under central and local legislature
For the definitions of British possession and colony in clause 6, if
any part of the dominions of the Crown outside the United Kingdom are
under both a central and local legislature, all parts under the central
legislature are taken to be a single British possession or colony, as the case
requires. (1889)
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SCHEDULE 3—continued
“9
Power to make rules of court
“(1) The power to make rules of court includes power to make rules of
court for any former UK Act that authorises or requires anything to be done
by rules of court. (all former UK Acts)
“(2) In this clause—
rules of court—see clause 6. (all former UK Acts)
“10
Gender and number
In a former UK Act—
(a) words importing the masculine gender include the feminine; and
(b) words importing the feminine gender include the masculine; and
(c) words in the singular include the plural and words in the plural
include the singular. (subsection 61 (2))
“11
References to service by post
If a former UK Act authorises or requires a document to be served
by post (whether the expression ‘serve’, ‘give’ or ‘send’ or any other
expression is used), the service is taken to be made by properly addressing,
prepaying and posting a letter containing the document and, unless the
contrary is proved, to have been made when the letter would be delivered in
the ordinary course of post. (1889)
“12
References to distance
In the measurement of any distance for a former UK Act, the
distance is to be measured in a straight line on a horizontal plane. (1889)
“13
Interpretation of subordinate legislation
If a former UK Act gives power to make subordinate legislation,
expressions in subordinate legislation made under the Act have the meaning
that they have in the Act. (subsection 61 (3))
“PART 4—STATUTORY FUNCTIONS AND POWERS
“14
Continuity of functions and powers
“(1) If a former UK Act gives a function or power to an entity, the
function may be performed, or the power may be exercised, from time to
time. (1889)
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“(2) If a former UK Act gives a function or power to the holder of a
stated office, the function may be performed, or the power may be
exercised, by the person for the time being occupying or acting in the
office. (1889)
“15
Implied power to amend
If a former UK Act gives power to make—
(a) rules, regulations or by-laws; or
(b) orders in council, orders or other subordinate legislation to be
made by statutory instrument;
the power includes a power, exercisable in the same way and subject to the
same conditions or limitations, to revoke, amend or re-enact any instrument
made under the power. (subsection 61 (4))
“PART 5—REPEALING ENACTMENTS
“16
Repeal of repeal
If a former UK Act repeals a repealing enactment, the repeal does
not revive any enactment previously repealed unless words are added
reviving it. (1850)
“17
General savings
“(1) Without limiting clause 16, if a former UK Act repeals an
enactment, the repeal does not—
(a) revive anything not in force or existing when the repeal takes
effect; or
(b) affect the previous operation of the enactment repealed or
anything done or suffered under the enactment; or
(c) affect any right, privilege or liability acquired, accrued or incurred
under the enactment; or
(d) affect any penalty or forfeiture incurred in relation to any offence
committed against the enactment; or
(e) affect any investigation, legal proceeding or remedy in relation to
that right, privilege, liability, penalty or forfeiture. (1889)
“(2) The investigation, legal proceeding or remedy may be begun,
continued or enforced, and any such penalty or forfeiture may be imposed,
as if the repealing Act had not been passed. (1889)
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“18
Repeal and re-enactment
“(1) If a former UK Act repeals a previous enactment and substitutes
provisions for the enactment repealed, the repealed enactment remains in
force until the substituted provisions come into force. (1850)
“(2) If a former UK Act repeals and re-enacts, with or without change, a
previous enactment—
(a) any reference in any other enactment to the enactment so repealed
is a reference to the enactment re-enacted; and (1889)
(b) so far as any subordinate legislation made or anything else done
under the repealed enactment could have been made or done
under the enactment re-enacted, it has effect as if made or done
under that enactment. (all former UK Acts)
“PART 6—MISCELLANEOUS
“19
Citation of other UK Acts
“(1) If a former UK Act cites another UK Act by year, statute, session or
chapter, or a provision of another UK Act by number or letter, the reference
is a reference—
(a) for Acts included in any revised edition of the UK statutes printed
by authority—to that edition; and
(b) for Acts not so included but included in the edition prepared under
the direction of the Record Commission—to that edition; and
(c) in any other case—to the Acts printed by the Printer to the Crown,
or under the superintendence or authority of the Crown’s
Stationary Office. (1889)
“(2) A former UK Act may continue to be cited by the short title
authorised by any enactment despite the repeal of the enactment. (all
former UK Acts)
“20
References to other enactments
“(1) If a former UK Act describes or cites a provision of an enactment by
referring to words, sections or other parts from or to which (or from and to
which) the provision extends, the provision described or cited includes the
words, sections or other parts referred to. (1889)
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SCHEDULE 3—continued
“(2) If a former UK Act refers to an enactment, the reference is a
reference to the enactment as amended, and includes a reference to that
enactment as extended or applied under any other enactment, including any
other provision of that Act. (1889)
“(3) However, if a former UK Act refers to another UK Act, the
reference is a reference to the other Act as for the time being amended and
in force in the Territory. (all former UK Acts)
“21
Application to other instruments
Paragraph 5 (a), the definition of United Kingdom in clause 6, and
clause 19, apply, so far as applicable, to subordinate legislation in force in
the Territory under a former UK Act in the same way as they apply to
former UK Acts. (all former UK Acts).
“DICTIONARY
(See s 11F (1))
Act—
(a) of the Legislative Assembly—means a law (however described or
entitled) made by the Legislative Assembly under the
Self-Government Act; and
(b) without specifying the kind of Act—means an Act of the
Legislative Assembly, a continued NSW Act, a continued UK Act
or another enactment.
Note Section 50 deals with references to Acts generally.
ADI is short for authorised deposit-taking institution.
administrative appeals tribunal (or AAT) means the Administrative
Appeals Tribunal established under the Administrative Appeals Tribunal
Act 1989.
administrative unit means an administrative unit for the time being
established under subsection 13 (1) of the Public Sector Management
Act 1994.
adult means an individual who is at least 18 years old.
affidavit, in relation to a person allowed by law to affirm, declare or
promise, includes affirmation, declaration and promise.
amend includes—
(a) for an Act or instrument—omit, insert, substitute, renumber or
relocate a provision of the Act or instrument; and
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(b) for a provision of an Act or instrument (or part of it)—omit the
provision (or part), substitute another provision for the provision
(or part), renumber the provision (or part) or relocate the provision
(or part); and
(c) for an Act or provision of an Act—amend by implication; and
(d) for an instrument, a provision of an instrument or a decision—
change or alter.
appoint includes reappoint.
asset includes property of any kind.
Attorney-General means the Minister designated Attorney-General by the
Chief Minister.
auditor-general means the Auditor-General for the Territory.
Note The Auditor-General Act 1996 provides for the appointment, functions and
powers of the auditor-general.
Australia means the Commonwealth of Australia and, when used in a
geographical sense, does not include an external Territory.
authorised deposit-taking institution means an authorised deposit-taking
institution under the Banking Act 1959 (Cwlth).
bank means an authorised deposit-taking institution that is permitted under
the Banking Act 1959 (Cwlth) to assume or use—
(a) the word ‘bank’, ‘banker’ or ‘banking’; or
(b) any other word (whether or not in English) similar in meaning to a
word mentioned in paragraph (a).
barrister means a lawyer who practises as a barrister.
breach includes contravene.
building society means an authorised deposit-taking institution that is
permitted under the Banking Act 1959 (Cwlth) to assume or use—
(a) the expression ‘building society’; or
(b) any other expression (whether or not in English) similar in
meaning to the expression mentioned in paragraph (a).
business day means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday or bank holiday in the Territory under the
Holidays Act 1958.
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calendar month means a period beginning at the start of any day of a
named month and ending—
(a) at the end of the corresponding day of the next named month; or
(b) if there is no such corresponding day—at the end of the last day of
the next named month.
calendar year means a period of 12 months commencing on 1 January.
change includes change by omission, substitution or addition.
chief executive—see section 24A.
chief health officer means the Chief Health Officer under the Public
Health Act 1997.
Chief Justice means the Chief Justice of the Supreme Court.
Chief Magistrate means the Chief Magistrate of the Magistrates Court.
Chief Minister means the Chief Minister for the Territory.
Note The Chief Minister is elected under section 40 of the Self-Government Act.
chief police officer means the police officer responsible to the
commissioner of police for the day-to-day administration and control of
police services in the Territory.
child, if age rather than descendancy is relevant, means an individual who
is under 18 years old.
city area means the area that was the City Area under the City Area Leases
Act 1936 immediately before its repeal.
commencement, of an Act or a provision of an Act—see section 11.
commissioner for public administration means the Commissioner for
Public Administration under the Public Sector Management Act 1994.
commissioner of police means the Commissioner of Police of the
Australian Federal Police.
committed for trial, in relation to a person, means committed to prison or to
a remand centre with a view to being tried before a judge and jury, or
admitted to bail on an undertaking to appear and be tried before a judge and
a jury.
Commonwealth means the Commonwealth of Australia and, when used in
a geographical sense, does not include an external Territory.
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SCHEDULE 3—continued
Commonwealth country means a country that forms part of the
Commonwealth of Nations, and includes a territory for the international
relations of which a Commonwealth country is responsible.
community advocate means the Community Advocate under the
Community Advocate Act 1991.
confer, in relation to a function, includes impose.
Consumer Credit (Australian Capital Territory) Code means the
provisions applying because of section 4 of the Consumer Credit Act 1995.
Consumer Credit (Australian Capital Territory) Regulations means the
provisions applying because of section 5 of the Consumer Credit Act 1995.
contravene includes fail to comply with.
converted ordinance means an enactment that was an ordinance
immediately before self-government day.
Coroner’s Court means the Coroner’s Court under the Coroners Act 1997.
corporation includes a body politic or corporate.
court of summary jurisdiction means the Magistrates Court.
credit tribunal means the Australian Capital Territory Credit Tribunal.
Note
The Consumer Credit (Administration) Act 1996 deals with the
establishment, functions and powers of the tribunal.
credit union means an authorised deposit-taking institution that is
permitted under the Banking Act 1959 (Cwlth) to assume or use—
(a) the expression ‘credit union’; or
(b) any other expression (whether or not in English) similar in
meaning to the expression mentioned in paragraph (a).
date of notification, for an Act, means the day the Act is notified in the
Gazette under section 8.
definition means a provision of an Act (however expressed) that—
(a) gives a meaning to a word or expression; or
(b) limits or extends the meaning of a word or expression.
Examples of definitions
1 X means Y.
2 X includes Y.
3 X means Y, and includes Z.
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4 A reference to X is a reference to Y.
5 X—see section Y.
6 X—see XYZ Act 1999, section Y.
7 In a proceeding against a person (the retailer) who claims to have bought
goods in good faith from someone else, it is a defence if the retailer
establishes . . .
8
Words and expressions used in the XYZ Act 1999 have the same respective
meanings in this Act.
director of fair trading means the Director of Fair Trading of the
Australian Capital Territory.
Note The Fair Trading (Consumer Affairs) Act 1973 provides for the appointment
of the director.
director of public prosecutions (or DPP) means the Director of Public
Prosecutions under the Director of Public Prosecutions Act 1990.
disallowable instrument means an instrument that is disallowable under
section 10 of the Subordinate Laws Act 1989.
discrimination commissioner means the Discrimination Commissioner
under the Discrimination Act 1991.
discrimination tribunal means the Discrimination Tribunal established by
the Discrimination Act 1991.
doctor means a registered medical practitioner under the Medical
Practitioners Act 1930.
document includes—
(a) anything on which there is writing; or
(b) anything on which there are figures, marks, numbers, perforations,
symbols or anything else having a meaning for persons qualified
to interpret them; or
(c) anything from which images, sounds, messages or writings can be
produced or reproduced, whether with or without the aid of
anything else; or
(d) a drawing, map, photograph or plan.
enactment means a law that is—
(a) an enactment within the meaning of the Self-Government Act
because of section 34 of that Act; or
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(b) an enactment because of subsection 10 (3) or 12 (2) or (3) of the
A.C.T. Self-Government (Consequential Provisions) Act 1988
(Cwlth).
enactment, of an Act—see section 10F.
entity includes a person and an unincorporated body.
establish includes constitute and continue in existence.
estate includes any charge, claim, demand, easement, encumbrance, lien,
right and title, whether at law or in equity.
Executive means the Australian Capital Territory Executive.
Note The Executive is established by the Self-Government Act, s 36.
expire includes lapse or otherwise cease to have effect.
external Territory means a Commonwealth Territory, other than an internal
Territory.
fail includes refuse.
Federal Court means the Federal Court of Australia.
file includes lodge.
financial year means a period of 12 months beginning on 1 July.
foreign country means a country (whether or not an independent sovereign
state) outside Australia and the external Territories.
former NSW Act means a NSW Act mentioned in Schedule 1.
former UK Act means a UK Act mentioned in Part 1 of Schedule 1.
function includes duty.
Gazette means the Australian Capital Territory Gazette.
give, in relation to a function, includes impose.
government printer includes anyone printing for or by the authority of the
Executive.
Governor, of a State—see section 22.
Governor-General—see section 21.
guardianship tribunal means the Guardianship and Management of
Property Tribunal established under the Guardianship and Management of
Property Act 1991.
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High Court means the High Court of Australia.
Note The High Court is established by the Commonwealth Constitution, s 71 and
provided for under the High Court of Australia Act 1979 (Cwlth).
Imperial Act means an Act of the United Kingdom Parliament.
indictment includes information.
individual means a natural person.
instrument means any writing or other document, and includes a statutory
instrument.
interest, in relation to land or other property, means—
(a) a legal or equitable estate in the land or other property; or
(b) a right, power or privilege over, or in relation to, the land or other
property.
internal Territory means the Australian Capital Territory, the Jervis Bay
Territory or the Northern Territory.
Jervis Bay Territory means the Territory accepted by the Commonwealth
under the Jervis Bay Territory Acceptance Act 1915 (Cwlth).
Note The Territory is described in the agreement set out in the Schedule to the Act.
judge, of the Supreme Court, means a resident judge, additional judge or
acting judge under the Supreme Court Act 1933.
Lake Burley Griffin means Lake Burley Griffin as defined in the Lakes
Act 1976.
Lake Ginninderra means Lake Ginninderra as defined in the Lakes
Act 1976.
land includes messuages, tenements and hereditaments, corporeal or
incorporeal, of any tenure or description, whatever the interest in the land.
Note A number of the terms mentioned in the definition of land have a technical
meaning at law. A messuage is a house together with its gardens, orchards and
outbuildings. The term tenement signifies land capable of being held in freehold.
Hereditament refers to real property that can be inherited. Hereditaments may be
corporeal, that is, tangible things such as lands and buildings, or incorporeal, that
is, intangible rights attaching to land such as rents, easements, tithes and profits a
prendre. (Profits a prendre are the right to take some product of, or part of the soil
from, the land of someone else.)
law, of the Territory, means—
(a) an Act; or
(b) a subordinate law; or
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(c) the common law.
lawyer means a legal practitioner.
legal practitioner means a barrister, solicitor, barrister and solicitor or legal
practitioner entered onto the High Court Register of Practitioners or on the
roll, however described, of the Supreme Court of a State or Territory.
Legislative Assembly means the Legislative Assembly for the Territory.
Note The Assembly is established by the Self-Government Act, s 8 (1).
liability means any liability or obligation (whether liquidated or
unliquidated, certain or contingent, or accrued or accruing).
magistrate means a Magistrate under the Magistrates Court Act 1930.
Magistrates Court means the Magistrates Court established by the
Magistrates Court Act 1930.
make an instrument includes issue and grant the instrument.
master, in relation to the Supreme Court, means the Master of the Supreme
Court.
may—see section 16.
mental health tribunal means the Mental Health Tribunal established by
the Mental Health (Treatment and Care) Act 1994.
midnight, in relation to a particular day, means the time when the day ends.
Minister—see section 24.
modification includes modification by addition, omission and substitution.
month means calendar month.
must—see section 16.
name includes—
(a) for an Act—the Act’s short title; and
(b) for an instrument—the instrument’s citation.
named month means one of the 12 months of the year.
national land means National Land under the Australian Capital Territory
(Planning and Land Management) Act 1988 (Cwlth).
Note If an area of land in the Territory is, or is intended to be, used by or on behalf
of the Commonwealth, it may be declared National Land under s 27 of the
Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
Northern Territory means the Northern Territory of Australia.
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NSW Act means an Act of the New South Wales Parliament.
number means—
(a) a number expressed in figures or words; or
(b) a combination of a number so expressed and a letter.
oath, in relation to a person allowed by law to affirm, declare or promise
includes affirmation, declaration and promise.
office includes position.
office of fair trading means the Office of Fair Trading of the Australian
Capital Territory.
Note The Fair Trading (Consumer Affairs) Act 1973 establishes the office and
deals with its functions and powers.
ombudsman means the Ombudsman under the Ombudsman Act 1989.
omit, in relation to a provision of an Act, includes repeal.
ordinance means an ordinance made under section 12 of the Seat of
Government (Administration) Act 1910 (Cwlth).
passing, of an Act—see section 10F.
penalty includes punishment.
penalty unit—see section 33AA.
person includes an individual and a corporation.
Note Section 15 deals with references to a person generally.
police officer means a member or special member of the Australian Federal
Police.
position includes office.
power includes authority.
prescribed, in an Act, means prescribed by the Act or regulations under the
Act.
proceeding means a legal or other action or proceeding.
property means any legal or equitable estate or interest (whether present or
future, vested or contingent, or tangible or intangible) in real or personal
property of any description (including money), and includes a chose in
action.
Note A chose in action is an intangible personal property right recognised and
protected by the law. Examples include debts, money held in a bank, shares, rights
under a trust, copyright and right to sue for breach of contract.
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provision, of an Act, means words or anything else that forms part of the
Act.
Examples of provisions consisting of groups of words
Sections, subsections, paragraphs, subparagraphs, sub-subparagraphs, examples.
Examples of provisions consisting of groups of other provisions
Chapters, parts, divisions, subdivisions, schedules.
public employee means—
(a) a public servant; or
(b) a person employed by a Territory instrumentality; or
(c) a statutory office holder or a person employed by a statutory
office holder.
public money, of the Territory, means revenues, loans and other money
received by the Territory.
public servant means a person employed in the public service.
public service means the Australian Capital Territory Public Service.
Note Section 12 of the Public Sector Management Act 1994 deals with the
constitution of the public service.
public trustee means the Public Trustee for the Australian Capital Territory
under the Public Trustee Act 1985.
registrar means—
(a) in relation to the Supreme Court—the registrar of the Supreme
Court; or
(b) in relation to the Magistrates Court—the registrar of the
Magistrates Court; or
(c) in relation to a tribunal—the registrar of the tribunal.
registrar-general means the Registrar-General under the Registrar-General
Act 1993.
regulations, in relation to an Act, means regulations made or in force under
the Act.
remuneration tribunal means the Remuneration Tribunal established by
the Remuneration Tribunal Act 1995.
repeal includes—
(a) for a provision of an Act or instrument—repeal the provision by
omitting it; and
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(b) for an Act, instrument or provision of an Act or instrument—
abrogate or limit its effect or exclude from its application any
person, matter or circumstance; and
(c) for an instrument, a provision of an instrument or a decision—
revoke or cancel it.
residential tenancies tribunal means the Residential Tenancies Tribunal
established by the Residential Tenancies Act 1997.
rules, of a court or tribunal, means rules made by the person or body having
power to make rules (however described) regulating the practice and
procedure of the court or tribunal.
Self-Government Act means the Australian Capital Territory
(Self-Government) Act 1988 (Cwlth).
self-government day means 11 May 1989.
Note This is the day when the remaining provisions of the Self-Government Act
commenced and, in particular, the Australian Capital Territory was established as a
body politic, the Legislative Assembly was empowered to make laws for the
Territory and the Executive was established.
sign includes attach a seal and make a mark.
sitting day, of the Legislative Assembly, means a day when the Assembly
meets.
Small Claims Court means the Magistrates Court when exercising
jurisdiction as the Small Claims Court.
Note The Magistrates Court (Civil Jurisdiction) Act 1982 deals with the exercise
of this jurisdiction.
solicitor means a lawyer who practises as a solicitor.
Speaker means the Presiding Officer of the Legislative Assembly.
Note The presiding officer is elected under the Self-Government Act, s 11.
Standards Australia means the company named Standards Australia
International Limited (ACN 087 326 690).
State means a State of the Commonwealth, and includes the Northern
Territory.
statutory declaration means a statutory declaration made under the
Statutory Declarations Act 1959 (Cwlth).
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statutory instrument means an instrument (whether of a legislative or
administrative nature) made under—
(a) an Act; or
(b) another statutory instrument; or
(c) power given by an Act or statutory instrument and also power
given otherwise by law;
and includes a subordinate law.
statutory office holder means the holder of an office established under an
Act.
subordinate law means an instrument of a legislative nature (including a
regulation, rule or by-law) made under—
(a) an Act; or
(b) another subordinate law; or
(c) power given by an Act or subordinate law and also power given
otherwise by law.
Supreme Court means the Supreme Court of the Australian Capital
Territory.
Note The Supreme Court is established by the Supreme Court Act 1933, s 3. The
Self-Government Act, s 48A deals with the jurisdiction and powers of the court.
swear, in relation to a person allowed by law to affirm, declare or promise,
includes affirmation, declaration and promise.
tenancy tribunal means the Tenancy Tribunal established by the Tenancy
Tribunal Act 1994.
Territory—see section 23.
Territory authority means a body, whether or not incorporated, established
under an Act.
Territory instrumentality means a corporation that—
(a) is established under an Act or the Corporations Law; and
(b) is a Territory instrumentality under the Public Sector Management
Act 1994.
Note Territory instrumentality is defined in subsection 3 (1) of that Act.
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Territory land means Territory Land under the Australian Capital Territory
(Planning and Land Management) Act 1988 (Cwlth).
Note Section 28 of the Australian Capital Territory (Planning and Land
Management) Act 1988 (Cwlth) provides that if land in the Territory is not national
land (see the definition above) it is Territory land.
Treasurer means the Minister designated Treasurer by the Chief Minister.
UK Act means an Act of the United Kingdom Parliament.
under, in relation to an Act or a provision of an Act, includes—
(a) by; and
(b) for or for the purposes of; and
(c) in accordance with; and
(d) within the meaning of.
United Kingdom means the United Kingdom of Great Britain and Northern
Ireland.
United Kingdom Parliament means—
(a) the Parliament of England; or
(b) the Parliament of Great Britain; or
(c) the Parliament of the United Kingdom of Great Britain and
Ireland; or
(d) the Parliament of the United Kingdom of Great Britain and
Northern Ireland.
word includes any drawing, figure, number and symbol.
writing includes any way of representing or reproducing words in visible
form.
Examples
Printing, photocopying, photography, typewriting.
year, without specifying the kind of year, means calendar year.”.
Justices of the Peace Act 1989
New section 3A—
After section 3 the following section is inserted:
“3A
Resignation
A person may resign as a justice of the peace by signed notice of
resignation given to the Minister.”.
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SCHEDULE 3—continued
Law Reform (Miscellaneous Provisions) Act 1955
New Part 12—
After section 35 the following part is inserted:
“PART 12—UNITED KINGDOM LAWS (SUBSTITUTED
PROVISIONS)
“Note The provisions of the Divisions of this Part were relocated from Schedule 2 to the
Imperial Acts (Substituted Provisions) Act 1986. (For the effect of a relocation, see
Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts
that applied (or may have applied) in the Territory and repealed those Acts. Subsection 4
(1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of
consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule
2. These rules of law continue to apply to the Divisions of this Part (see Interpretation
Act 1967, s 49 (3)).
“Division 1—Guardians of children except testamentary guardians
“Note The provisions of this Division were substituted for 52 Hen. 3 c 17 (1267) (also
known as the Statute of Marlborough).
“Division 2—Partition of land owned jointly
“Note The provisions of this Division were substituted for 31 Hen. 8 c 1 (1539) and
32 Hen. 8 c 32 (1540).
“38
Partition Act not affected
Section 37 does not affect the operation of the Partition Act 1900.
“Division 3—Application of law to aliens
“Note The provisions of this Division were substituted for 32 Hen. 8 c 16 (1540).
“Division 4—Lessee’s covenants and lessor’s covenants
“Note The provisions of this Division were substituted for 32 Hen. 8 c 34 (1540).
“Division 5—Alienation of property to defraud creditors
“Note The provisions of this Division were substituted for 13 Eliz. 1 c 5 (1571) and
27 Eliz. 1 c 4 (1585).
“Division 6—Ending of estate or interest for life
“Note The provisions of this Division were substituted for 18 and 19 Chas. 2 c 11 (1666)
and 6 Anne c 72 (1707).
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“Division 7—Instruments required to be in writing
“Note The provisions of this Division were substituted for 29 Chas. 2 c 3, s 1, s 2, s 3, s 7,
s 8 and s 9 (1677) (also known as the Statute of Frauds 1677).
“Division 8—Renewal of headlease without surrender
of under-leases
“Note The provisions of this Division were substituted for 4 Geo. 2 c 28, s 6 (1730).
“Division 9—Action for use and occupation of land
“Note The provisions of this Division were substituted for 11 Geo. 2 c 19, s 14 (1737).
“Division 10—Liability for fires accidentally begun
“Note The provisions of this Division were substituted for 24 Geo. 3 c 78, s 86 (1774).
“Division 11—Trials for treason
“Note The provisions of this Division were substituted for 39 and 40 Geo. 3 c 93 (1800).
“Division 12—Writs of habeas corpus
“Note The provisions of this Division were substituted for 56 Geo. 3 c 100 (1816).
“Division 13—Power to appoint property
“Note The provisions of this Division were substituted for 37 and 38 Vic. c 37 (1874).
“63
Application of Div 13
This Division applies to appointments made after 26 June 1986 in
the exercise of powers created before, on or after that date.
“Division 14—Evidence about colonial stock
“Note The provisions of this Division were substituted for 40 and 41 Vic. c 59, s 17 and
s 18 (1877).”.
Legal Practitioners Act 1970
Section 3—
Insert the following definition:
“Trans-Tasman Mutual Recognition Act means the Trans-Tasman
Mutual Recognition Act 1997 (Cwlth).”.
Subsection 11 (3)—
Omit the subsection.
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SCHEDULE 3—continued
Section 12—
After “Act” insert “or section 18 of the Trans-Tasman Mutual
Recognition Act”.
Paragraph 15 (b)—
Omit the paragraph.
Section 16—
Repeal the section.
Heading to section 16A—
After “Act” insert “or Trans-Tasman Mutual Recognition Act”.
Subsection 16A (1)—
After “Act” insert “or the Trans-Tasman Mutual Recognition Act”.
Subsection 16B (2)—
Omit the subsection.
Subsection 16B (3)—
After “Act” insert “or the Trans-Tasman Mutual Recognition Act”.
Subsection 16C (2)—
After “Scheme” insert “and Trans-Tasman Mutual Recognition
Scheme”.
Subsection 16D (2)—
Omit “and becomes entitled to registration under that Act”,
substitute “or section 18 of the Trans-Tasman Mutual Recognition Act and
becomes entitled to registration under either of those Acts”.
Heading to section 29—
After “Act” insert “or Trans-Tasman Mutual Recognition Act”.
Subsection 29 (1)—
Omit “State or”, substitute “State, New Zealand or”.
Paragraph 29 (1) (b)—
After “Act” insert “or section 18 of the Trans-Tasman Mutual
Recognition Act”.
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Legislation (Republication) Act 1996
Section 8—
Add at the end the following subsection:
“(2) The parliamentary counsel may authorise the republication of 2 or
more laws in a collection.”.
New Division 4 of Part 3—
After Division 3 of Part 3 insert the following division:
“Division 4—Collections of laws
“19A Application of Act to collections
“(1) If the parliamentary counsel authorises the republication of 2 or
more laws in a collection, this Act applies to each of the laws in the
collection as if it were republished separately.
“(2) Subsection (1) does not prevent the use of—
(a) a single table of contents for the collection; or
(b) annotations applying to 2 or more laws in the collection.”.
Magistrates Court Act 1930
Subsection 5 (1) (definition of information)—
Omit the definition, substitute the following definition:
“information includes a complaint on which an order may be made for
the payment of money under a Territory law.”.
Subsection 19 (2)—
Omit “Where, by any law in force in the Territory pursuant to
section 6 of the Seat of Government Acceptance Act 1909 of the
Commonwealth or the Imperial Acts Application Act 1986, any jurisdiction
is given”, substitute “If a Territory law mentioned in column 2 of
Schedule 1 to the Interpretation Act 1967 gives jurisdiction”.
Paragraph 54A (5A) (i)—
Omit the paragraph.
Subsection 107 (2)—
Omit “court” (wherever occurring), substitute “Supreme Court”.
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SCHEDULE 3—continued
Subsection 108 (1)—
(a) Omit “court” (first occurring), substitute “Magistrates Court”.
(b) Omit “court” (second occurring), substitute “Supreme Court”.
Subparagraph 248C (2) (c) (vi)—
Omit the subparagraph.
Magistrates Court (Civil Jurisdiction) Act 1982
Paragraph 4 (c)—
Add at the end “and”.
Paragraph 4 (d)—
Omit the paragraph.
New section 12A—
After section 12, insert the following section in Part 2:
“12A Disputes under the Residential Tenancies Act
The Magistrates Court has no jurisdiction in relation to a dispute to
which the Residential Tenancies Act 1997 applies if the amount in dispute
is $10,000 or less.”.
Paragraph 234 (2) (a)—
Omit “subject to subsection (4),”.
Subsection 394 (1) (definition of debt declaration)—
Omit all the words from and including “and includes an order”.
Subsection 402 (6)—
Omit the subsection, substitute the following subsection:
“(6) This section does not apply to an application for a common
boundaries determination.”.
Subsection 453 (1)—
Omit “$5,000”, substitute “$10,000”.
Subsection 453 (3)—
Omit “$5,000” (wherever occurring), substitute “$10,000”.
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SCHEDULE 3—continued
Subsection 456 (3)—
After “costs” insert “(except costs for representation by a legal
practitioner or anyone else)”.
Section 476—
Omit “the partner, or the Registrar or other employee,”, substitute “a
partner or employee”.
Meat Act 1931
Subsection 19A (2)—
Omit “the medical officer of health under the Public Health
Act 1928”, substitute “an authorised medical officer under the Public
Health Act 1997”.
Mediation Act 1997
Subsection 3 (1) (definition of approved agency)—
Omit the definition, substitute the following definition:
“approved agency means an entity that is declared to be an approved
agency under subsection 4 (2).”.
Section 4—
Repeal the section, substitute the following section:
“4
Declarations about competency standards and approved
agencies
“(1) The Minister may declare standards of competency required for the
registration of a person under section 5.
“(2) The Minister may declare an entity to be an approved agency for
this Act.
“(3) A declaration under this section is a disallowable instrument for
section 10 of the Subordinate Laws Act 1989.”.
Mental Health (Treatment and Care) Act 1994
Section 4 (definition of Registrar)—
Omit the definition, substitute the following definition:
“registrar means the registrar of the tribunal.”.
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New section 12A—
After section 12, insert the following section in Part 3:
“12A Registrar and deputy registrar
“(1) The registrar of the Magistrates Court is the registrar of the tribunal.
“(2) Each deputy registrar of the Magistrates Court is a deputy registrar
of the tribunal.
“(3) Subject to any direction of the registrar, a deputy registrar of the
tribunal may exercise the powers of the registrar of the tribunal.
“(4) The registrar may, by signed writing, delegate to a public servant all
or any of his or her powers under this Act.”.
Occupational Health and Safety Act 1989
Subsection 5 (1) (definition of associated law, paragraphs (b) and (c))—
Omit the paragraphs, substitute the following paragraphs:
“(b) the Dangerous Goods Act 1975;
(c) the Dangerous Goods Regulations 1978;”.
Subsection 5 (1) (definition of associated law, paragraphs (h) and (i))—
Omit the paragraphs, substitute the following paragraphs:
“(h) the Scaffolding and Lifts Act 1912;
(i) the Scaffolding and Lifts Regulations 1950;”.
Subsection 84P (2)—
(a) Omit “or a Judge of the Court sitting in chambers”.
(b) Omit “or Judge”.
Subsection 84P (3)—
Omit “or a Judge of the Court sitting in chambers”.
Partition Act 1900
Subsections 4 (2) and (3)—
Omit the subsections.
Sections 15 and 18—
Repeal the sections.
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Pawnbrokers Act 1902
Subsection 19 (1)—
Omit “any sum above $10”, substitute “more than $500”.
Residential Tenancies Act 1997
Subsection 3 (1) (definitions of Director and Registrar)—
Omit the definitions, substitute the following definitions:
“director means the director of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.
registrar means the registrar of the tribunal.”.
Section 32—
After subsection (1) insert the following subsection:
“(1A) If an application is made by a person under subsection (1) in relation
to a residential tenancy agreement, the person may only make a further
application in relation to the same agreement with the registrar’s
permission.”.
Paragraph 34 (1) (b)—
Omit “14”, substitute “10”.
Section 114—
Repeal the section, substitute the following section:
“114 Registrar and deputy registrar
“(1) The registrar of the Magistrates Court is the registrar of the tribunal.
“(2) Each deputy registrar of the Magistrates Court is a deputy registrar
of the tribunal.
“(3) Subject to any direction of the registrar, a deputy registrar of the
tribunal may exercise the powers of the registrar of the tribunal.
“(4) The registrar may, by signed writing, delegate to a public servant all
or any of his or her powers under this Act.”.
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SCHEDULE 3—continued
Subsection 115 (1)—
Omit the subsection, substitute the following subsection:
“(1) Subject to this section and section 48A of the Self-Government Act,
the tribunal has exclusive jurisdiction to hear and decide any matter that
may be the subject of an application to it under this Act or the prescribed
terms.
“Note The Self-Government Act, s 48A deals with the jurisdiction and powers of the
Supreme Court.”.
Schedule (clause 13)—
Omit “Director of Consumer Affairs”, substitute “director of fair
trading”.
Sexually Transmitted Diseases Act 1956
Section 14—
Repeal the section.
Subsection 15 (1)—
Omit “, sitting in chambers,”.
Subordinate Laws Act 1989
Subsection 2A (1)—
Omit “the purposes of”.
Section 2A—
Add at the end the following subsection:
“(3) In this section—
for an Act includes for the purposes of the Act.”.
Section 7—
Omit “subsection” , substitute “section”.
Subsection 8 (1)—
Omit “law or disallowable instrument” (wherever occurring),
substitute “law”.
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SCHEDULE 3—continued
Subparagraph 8 (1) (a) (i)—
Omit the subparagraph, substitute the following subparagraph:
“(i) of any Act or subordinate law; or”.
Subsection 8 (2)—
Omit the subsection, substitute the following subsection:
“(2) In this section—
disallowable instrument means—
(a) for an instrument under an Act—a disallowable instrument
under section 10; or
(b) for an instrument under a Commonwealth Act—a
disallowable instrument under section 46A of the Acts
Interpretation Act 1901 (Cwlth).”.
Subsection 9 (1)—
(a) Omit “Parts I, II and III of the Interpretation Act 1967 apply”,
substitute “The Interpretation Act 1967 applies”.
(b) Omit “, granted or issued”.
Subsections 9 (2) and (3)—
Omit “, granted or issued” (wherever occurring).
Section 10—
Repeal the section, substitute the following section:
“10
“(1)
Disallowable instruments
In this section—
disallowable instrument means a statutory instrument that is declared
by an Act or subordinate law to be a disallowable instrument for
this Act, whether or not the instrument is declared to be a
disallowable instrument for the purposes of this section.
“(2) The following sections of this Act apply to a disallowable
instrument as if it were a subordinate law:

section 6 (Notification, tabling and disallowance)

section 7 (Retrospectivity)

section 8 (Prescribing matters by reference to other instruments)
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SCHEDULE 3—continued

section 8A (Amendment by Act)

section 9 (Application of Interpretation Act 1967).”.
Supreme Court Act 1933
Subsection 36 (1)—
After paragraph (b), insert the following paragraph:
“(ba) for prescribing anything that is, under the Administration and
Probate Act 1929, required or permitted to be prescribed for
carrying out or giving effect to that Act; and”.
Paragraphs 37 (2) (a) and (b)—
Omit “filing fees or fees for the service and execution of process”,
substitute “fees for the service and execution of process or other fees”.
Paragraphs 37B (2) (c)—
Omit “filing”, substitute “lodging”.
Sub-subparagraph 37B (2) (c) (v) (F)—
Omit the sub-subparagraph.
Paragraphs 37D (1) (a)—
Omit “the remission or refund of”, substitute “the refusal to remit or
refund”.
Paragraphs 37D (1) (b)—
Omit “the deferral of liability for the payment of”, substitute “the
refusal to defer liability for paying”.
Taxation Administration Act 1999
Section 78—
After “function” insert “or power”.
Tenancy Tribunal Act 1994
Section 3 (definition of Director and Registrar)—
Omit the definitions, substitute the following definitions:
“director means the director of fair trading under the Fair Trading
(Consumer Affairs) Act 1973.
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SCHEDULE 3—continued
registrar means the registrar of the tribunal.”.
Sections 67, 68 and 69—
Repeal the sections, substitute the following section:
“67 Registrar and deputy registrar
“(1) The registrar of the Magistrates Court is the registrar of the tribunal.
“(2) Each deputy registrar of the Magistrates Court is a deputy registrar
of the tribunal.
“(3) Subject to any direction of the registrar, a deputy registrar of the
tribunal may exercise the powers of the registrar of the tribunal.
“(4) The registrar may, by signed writing, delegate to a public servant all
or any of his or her powers under this Act.”.
Section 71—
Omit “Tribunal, the Acting President or the Registrar”, substitute
“tribunal or the acting president”.
Theatres and Public Halls Act 1928
Section 27—
Repeal the section.
Trustee Act 1925
Subsection 91 (1)—
Omit “at chambers”.
New Division 6 of Part 3—
After Division 5 of Part 3 insert the following Division in Part 3:
“Division 6—Charitable trusts
“Note The provisions of this Division were relocated from Part 18 of Schedule 2 to the
Imperial Acts (Substituted Provisions) Act 1986. (For the effect of a relocation, see
Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts
that applied (or may have applied) in the Territory and repealed those Acts. The
provisions of Part 18 of Schedule 2 were substituted for 52 Geo. 3 c 101 (1812).
Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the
interpretation of consolidating Acts apply to the interpretation of the provisions of a law
set out in Schedule 2. These rules of law continue to apply to this Division (see
Interpretation Act 1967, s 49 (3)).
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SCHEDULE 3—continued
“94
Reference to order made under s 94A
In section 94D, the reference to an order made under section 94A
is, if the order is appealed against, a reference to the order as affirmed or
varied, or the order substituted, on appeal.”.
New section 103A—
After section 103, insert the following section in Part 5:
“103A Preamble to Charitable Uses Act 1601
For the law of the Territory, the text set out in the Schedule is taken
to be the text of the preamble to the United Kingdom Act 43 Eliz. c 4 (also
known as the Charitable Uses Act 1601).”.
Schedule heading—
After section 106 insert the following headings:
“SCHEDULE
(see s 103A)
PREAMBLE TO CHARITABLE USES ACT 1601”.
Tuberculosis Act 1950
Section 3 (definition of the Court)—
Omit “, constituted by a magistrate sitting in chambers”.
Subsection 10 (1)—
Omit the subsection, substitute the following subsection:
“(1) If the chief health officer or anyone else is dissatisfied with an order
or decision of the Magistrates Court under section 9, the chief health officer
or other person may appeal to the Supreme Court within 7 days after the
making of the order or decision or any further time the Supreme Court
allows.”.
Uncollected Goods Act 1996
Subsection 16 (2)—
Omit “The Chief Executive”, substitute “A chief executive”.
Paragraph 16 (3) (b)—
Omit “the Chief Executive”, substitute “a chief executive”.
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SCHEDULE 3—continued
Subsection 16 (4)—
Omit “The Chief Executive shall issue to an”, substitute “If a person
becomes an authorised person, the relevant chief executive must issue to
the”.
Subsection 16 (5)—
Omit “the Chief Executive”, substitute “the chief executive who
issued the identity card”.
University of Canberra Act 1989
Paragraph 38 (a)—
Omit “Australian Securities Commission”, substitute “Australian
Securities and Investments Commission”.
Wills Act 1968
Paragraphs 16 (6) (a), (b) and (c)—
Omit the paragraphs, substitute the following paragraphs:
“(a) members of the Defence Force who are in actual armed service;”.
Workers’ Compensation Act 1951
Subsection 26 (2)—
Omit “Part XIXA”, substitute “Part 21”.
Paragraph 26 (2) (a)—
Omit “subsection 282C (2)”, substitute “subsection 387 (2)”.
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Law Reform (Miscellaneous Provisions)
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SCHEDULE 4
(See s 7)
AMENDMENTS OF REGULATIONS
Co-operative Societies Regulations
Regulation 1—
Repeal the regulation, substitute the following regulation:
“1
Name of regulations
These regulations are the Co-operative Societies Regulations 1945.”
Paragraph 2ABA (2) (d)—
Omit “Australian Securities Commission”, substitute “Australian
Securities and Investments Commission”.
Dangerous Goods Regulation
Clause 1—
Repeal the clause, substitute the following clause:
“1
Name of regulations
These regulations are the Dangerous Goods Regulations 1978.”.
Consequential amendments—
The following provisions are amended by omitting “this
Regulation” (wherever occurring) and substituting “these regulations”:
Clause 4, paragraphs 8 (2) (a) and 15A (8) (b), subclauses 17 (1) and (3),
paragraph 18 (f), subclause 21 (4), paragraph 24 (b), clauses 27 to 33 and
37, paragraph 43 (6) (d), subclause 43 (6B), paragraphs 45 (2) (a), 50 (b)
and 74 (1) (c), subclauses 75 (2) and 76 (1), clauses 77, 84 and 85,
subclauses 89 (3), 94 (3), 95 (4), 96 (4), 99 (2) and 111 (4),
subparagraph 125 (2) (b) (ii), subclauses 156 (8) and 162 (5),
paragraph 169 (4) (c), clause 175, subclauses 187 (1), 189 (1), 235 (4) and
237 (1), clause 247, subclauses 255 (2) and 259 (2), paragraph 261 (c),
subclauses 263 (2), 275 (12), 286 (2) and 288 (2) and clause 289.
Heading to clause 37—
Omit “Regulation”, substitute “Regulations”.
Door-to-Door Trading Regulations
Regulation 1—
Repeal the regulation, substitute the following regulation:
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SCHEDULE 4—continued
“1
Name of regulations
These
regulations
Regulations 1991.”.
are
the
Door-to-Door
Trading
Schedule, Form 1, (foot of the form)—
Omit “ACT Consumer Affairs Bureau”, substitute “Office of Fair
Trading”.
Schedule, Form 2, (foot of the form)—
Omit “ACT Consumer Affairs Bureau”, substitute “Office of Fair
Trading”.
Remand Centres Regulations
Regulation 1—
Omit the regulation, substitute the following regulation:
“1
Name of regulations
These regulations are the Remand Centres Regulations 1976.”.
Subregulation 23 (1)—
Omit “Attorney-General”, substitute “Minister”.
Subregulation 23 (3)—
Omit the subregulation, substitute the following subregulation:
“(3) Within 30 days after the end of each quarter of a financial year, the
Minister must consolidate the notices received by the Minister under
subregulation (1) during the quarter (if any) and give a copy of the
consolidation (if any) to the Standing Committee on Justice and
Community Safety of the Legislative Assembly.”.
[Presentation speech made in Assembly on 2 September 1999]
© Australian Capital Territory 1999
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